Understanding Wrongful Death Proceeds in New Hampshire
If a loved one dies due to another party’s negligence, New Hampshire law allows certain family members to recover damages for their loss. Under RSA 556:6 and RSA 556:7, the personal representative appointed by the probate court collects and then distributes any wrongful death award to the decedent’s heirs.
Step 1: Appoint a Personal Representative
The court must appoint a personal representative (sometimes called an executor) to pursue the wrongful death claim and handle distribution. The representative files a petition with the probate court in the county where the deceased lived.
Step 2: Identify Eligible Heirs
New Hampshire law limits recovery to close family. Eligible heirs generally include:
- Spouse
- Children (including adopted)
- Parents (if no spouse or children)
- Siblings (if no spouse, children, or parents)
Step 3: Apportion the Award
Once the court approves a settlement or verdict, the personal representative divides proceeds according to RSA 556:6 and RSA 556:7:
- If the decedent leaves a spouse and one or more children, allocate 30% to the spouse and 70% among the children per stirpes. (RSA 556:6.)
- If there’s no surviving spouse but there are children, award 100% to children per stirpes. (RSA 556:7.)
- If no spouse or children survive, proceeds go entirely to surviving parents. If no parents, then to siblings.
Step 4: Obtain Court Approval and Distribute Funds
The personal representative submits a final accounting and proposed distribution plan to the probate court. After notice to heirs and any objections are resolved, the court signs an order directing payment. The representative then issues payments to each heir according to the approved percentages.
Helpful Hints
- Consult probate court rules in the county where the decedent lived.
- Gather certified death certificate and family records early.
- Keep detailed records of all settlement negotiations and court filings.
- Notify all potential heirs promptly to avoid delays or disputes.
- Consider mediation if heirs disagree on distribution percentages.
Disclaimer: This article provides general information about New Hampshire law. It is not legal advice. Always consult a qualified attorney for guidance on your specific situation.