Detailed Answer

Short answer: If you want to formally challenge a sibling’s application for letters of administration in New Hampshire, you must act quickly, establish that you have legal standing, gather documentary and testimonial evidence, and file a written objection or competing petition in the probate division of the Superior Court where the decedent lived. Below are clear, step‑by‑step instructions and practical guidance to help you understand how the process typically works under New Hampshire law.

Where to file

Probate matters in New Hampshire are handled by the Probate Division of the Superior Court in the county where the decedent was domiciled. Find local probate information and forms on the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/. The state statutes governing administration of estates are in the New Hampshire Revised Statutes Annotated (RSA), chapter for estate administration; see the RSA index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html and the chapter on administration: https://www.gencourt.state.nh.us/rsa/html/L/551/index.html.

Do you have standing to challenge?

Only “interested persons” can contest an application for letters of administration. That typically includes surviving spouses, heirs at law (children, parents, siblings), beneficiaries, and creditors who can show an interest. If you are an heir or named beneficiary, you almost always have standing to object to who is appointed.

Common grounds to challenge an application

• Priority: Someone with a higher statutory priority (for example, a surviving spouse or adult child) has the legal right to make application; if your sibling does not have priority, you can point that out to the court.
• Incapacity or lack of fitness: The proposed administrator is mentally incompetent, incapacitated, or otherwise not qualified.
• Conflict of interest or misconduct: The proposed administrator has a history of theft, fraud, a disqualifying felony, or current conflicts that make them unfit.
• Undue influence or fraud in obtaining the appointment or a will (if a will exists).
• Failure to provide required information or to post bond where bond is required.

What to file and how

Typical filings you can use to challenge an application include:

• Written Objection (or Objection to Petition for Letters of Administration). File this as soon as possible after learning of the application. State the factual and legal grounds for your objection and request a hearing.
• Answer or Response to Petition. Some courts accept a formal “Answer” that responds point-by-point to the petitioner’s allegations and asks the court to deny or postpone issuing letters.
• Competing Petition for Letters of Administration. If you want to be appointed instead of your sibling, file your own petition and show why you are the appropriate person to serve.
• Motions for Emergency Relief. If estate assets appear at risk (e.g., cash being removed or property being transferred), ask the court for temporary injunctive/protective relief or an emergency appointment.

File your document with the probate clerk in the county where the petition was filed. Serve copies on the petitioner (your sibling), other interested persons, and the probate clerk according to the court’s rules and local practice.

Evidence to gather

Collect documents and other proof before you file:

• Death certificate and any filed will or testamentary documents.
• Copy of the sibling’s petition for letters of administration (obtain from the court clerk).
• Proof of your relationship and heirship (birth certificates, family records).
• Financial records showing risk to estate assets, account statements, deeds, transfers, or checks.
• Records showing criminal convictions or prior misconduct of the proposed administrator (court records, police reports).
• Medical records or witness statements that show undue influence or incapacity, when relevant.

Hearing, burden of proof, and timing

After you file an objection, the court usually schedules a hearing. At the hearing you will present evidence and witnesses. The petitioner must show they are qualified and that appointment is appropriate. The court decides based on the statutory standards and the evidence. Time is critical: if the court already issues limited letters and the administrator begins acting, you may need to seek immediate relief from asset dissipation or seek removal after appointment.

Possible outcomes and remedies

• Denial of the sibling’s application and appointment of a person with higher priority.
• Conditional or limited appointment (requiring bond, co‑administrator, or supervised administration).
• Appointment of an alternate administrator (for example, you) if you filed a competing petition.
• Post‑appointment relief: removal of a personal representative for cause and appointment of a successor; court‑ordered accounting; return of improperly transferred assets.

Statutes and local rules to check

Review New Hampshire statutes and local probate rules that address the administration of estates and qualifications for personal representatives. Start here:

• New Hampshire Revised Statutes Annotated — RSA chapters relevant to probate and administration: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html and the administration chapter: https://www.gencourt.state.nh.us/rsa/html/L/551/index.html.
• New Hampshire Judicial Branch — Probate Division resources and local court contact information: https://www.courts.state.nh.us/probate/.

Because court rules and local practice vary, contact the probate clerk quickly to learn the exact filing formats, fees, and service requirements in your county.

Should you hire an attorney?

Contesting an appointment can be legally complex and fact intensive. A probate lawyer can explain priority rules, draft pleadings, collect and present evidence, and represent you at hearings. For lawyer referrals in New Hampshire, consider the New Hampshire Bar Association public resources: https://www.nhbar.org/.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed New Hampshire attorney.

Helpful Hints

• Act fast — probate matters move quickly. Ask the clerk how soon the court will act on the sibling’s petition.
• Document everything — keep copies of all filings, communications, bank statements, and transfers involving estate property.
• Check statutory priority — determine whether you or someone else has higher priority to be appointed; that alone can end a contest.
• Ask the court for protective measures if you fear asset dissipation: temporary restraining orders, emergency inventory, or bond requirements.
• Use sworn affidavits from witnesses to support claims of undue influence, fraud, or incapacity.
• Consider a competing petition if you want to be appointed; filing an objection without proposing an alternative sometimes delays resolution.
• Be prepared for costs — contested probate matters can generate filing fees, attorney fees, and expert costs.
• Try informal resolution — sometimes mediation or direct negotiation with other heirs resolves disputes faster and with less cost than litigation.
• Contact the probate clerk early to learn local form templates and filing requirements.