Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a licensed attorney for specific guidance.
Detailed Answer
Under New Hampshire law, you can use a small estate procedure when the decedent’s personal property in the state totals no more than $15,000 and the estate holds no real estate (RSA 553:6). This streamlined process, sometimes called “probate without administration,” lets heirs claim and distribute assets without full probate.
1. Verify eligibility
First, confirm that the decedent owned only personal property (bank accounts, vehicles, investments) in New Hampshire and that the total value does not exceed $15,000. Exclude real estate and out-of-state assets.
2. Gather documents
Collect a certified death certificate, statements showing account balances, titles, and a family tree or heirship chart. Identify all potential heirs and their relationship to the decedent.
3. Prepare the affidavit
Draft a sworn affidavit that lists:
- Your name and contact information
- The decedent’s name, date of death, and last residence
- Description and value of each asset
- Names and heirship of each beneficiary
- Statement of no known debts beyond the asset value
- Oath before a notary public
4. File with the probate court
Submit the affidavit and death certificate to the clerk of the probate court in the county where the decedent resided. Pay any required filing fee and request a stamped copy.
5. Distribute assets
Once filed, you may collect the assets and distribute them directly. If the decedent left a valid will, follow its instructions. If intestate, distribute per New Hampshire’s intestacy laws (RSA 560:1).
6. Protect against claims
Notify known creditors and retain records in case of later claims. The small estate process limits liability only if no claims arise within 9 months of the decedent’s death.
Helpful Hints
- Double-check asset valuations with recent statements or appraisals.
- Ensure you list all potential heirs to avoid later disputes.
- Keep certified copies of all filed documents and affidavits.
- Consult the probate clerk for local fee schedules and court hours.
- If debts exist, verify that no claims exceed the estate’s assets before distributing.
- Consider seeking legal advice if an heir disputes the distribution.