Short answer

If someone other than the title owner must approve or carry out the sale (for example, a personal representative of an estate, a court-appointed guardian or conservator, or a trustee), you typically must file a petition in the appropriate New Hampshire court (usually the Probate Division), provide notice to interested parties, request authorization describing sale terms, allow the court to review the proposed sale (often after an appraisal or marketing), obtain a court order authorizing the sale, close the transaction, record the deed, and apply sale proceeds to the mortgage. Exact paperwork and timing depend on the legal role (executor/administrator, guardian/conservator, or trustee) and local court practices.

Who needs court approval?

• If the owner is alive and has capacity: they can sell without court approval.
• If the owner granted a valid power of attorney covering real estate: the agent may be able to sell without court approval (review the POA language and recording requirements).
• If the owner is deceased and the property is part of an estate: the personal representative (executor or administrator) may need probate court authority to sell real estate depending on the will and local rules.
• If a court has appointed a guardian or conservator for an incapacitated owner: the guardian/conservator usually must get court approval before selling real property or using proceeds to pay secured debts.
• If the property is held in trust: the trustee’s powers come from the trust document; court involvement is sometimes required if the trust limits sales or there is a dispute.

Typical step-by-step process in New Hampshire (detailed)

1. Identify who has authority to act.

   Confirm whether you are the owner, an agent under a power of attorney, a personal representative (executor/administrator), a guardian/conservator, or a trustee. The path and paperwork depend on that status.

2. Check the document that grants authority.

   Read the will, trust, power of attorney, or guardianship/conservatorship order. Many documents expressly authorize or limit the sale of real estate. If unclear, the probate court can interpret the scope of authority.

3. Gather key documents and data for the petition.

   Typical items: deed, current mortgage payoff statement, title report (if available), recent appraisal or market analysis, listing agreement or proposed sale contract, death certificate (if estate matter), letters testamentary or letters of administration (if already issued), and any prior court orders relating to the property.

4. Prepare and file a petition with the appropriate court (usually Probate Division).

   The petition asks the court to authorize the sale and explains why the sale is necessary (e.g., to pay the mortgage, preserve estate assets, or meet the beneficiary’s needs). Use the local probate forms or a petition drafted by an attorney. New Hampshire Probate Division information and forms are available from the New Hampshire Judicial Branch: https://www.courts.state.nh.us/probate/index.htm. For general state statutes and to research specific statutory authority, consult the New Hampshire Revised Statutes at: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.

5. Provide notice to interested parties.

   NH courts require notice to interested persons — heirs, beneficiaries, creditors, and sometimes other parties (e.g., co-owners). The court will set the notice method and timeline. The petition typically includes a list of persons to notify and their addresses.

6. Support the petition with evidence.

   The court often expects objective support for the sale: an appraisal or broker price opinion, a copy of a purchase offer or listing contract, and evidence of the mortgage balance and related expenses. This helps the court determine whether the sale is necessary and in the best interest of the estate or protected person.

7. Attend the hearing (if required) and obtain the order.

   The court may approve the sale without a hearing if all paperwork and notices are satisfactory; otherwise, it will schedule a hearing. If the court is satisfied, it issues an order authorizing the sale — sometimes with conditions (minimum price, net proceeds allocation, or sale method).

8. Close the sale and apply proceeds.

   After approval, complete the sale under the court’s terms. At closing: pay off the mortgage using sale proceeds, pay closing costs, and follow any directions in the court order about how to hold or distribute remaining funds (for example, into a blocked account or to the estate/trust).

9. Record documents and file final accounting or reports.

   Record the new deed in the county registry of deeds. If the sale was part of an estate or guardianship, file the closing statement and a final accounting with the probate court and seek court discharge of your duties if required.

Common scenarios and special considerations

Estate administration (decedent’s property)

If you are a personal representative, check whether your letters testamentary/administration already authorize sales. If not, you usually petition the probate court to permit sale. Selling to pay a mortgage is a common reason the court will authorize a sale if it benefits the estate or creditors.

Guardian or conservator for an incapacitated person

A guardian/conservator generally needs express court permission before selling a principal residence. Courts are protective of a ward’s interests and will require evidence that the sale and mortgage payoff are necessary and in the ward’s best interest.

Power of attorney

If a valid durable power of attorney grants real estate sale authority and the owner has capacity or the POA was properly executed and recorded, a court filing might not be necessary. However, banks, title companies, and buyers often ask for additional proof or may require a court order if third parties dispute the agent’s authority.

When a lender threatens foreclosure

If a mortgage lender initiates foreclosure, acting quickly matters. Petitioning the probate court for authority to sell can be faster than a full administration in some cases, but consult the lender and the court about timelines so you can use sale proceeds to stop a foreclosure.

Hypothetical example (illustrative)

Mrs. Jones is the court-appointed conservator for her father, who cannot manage finances. The house has a mortgage in default. Mrs. Jones petitions the Probate Division asking authority to sell the house to pay the mortgage and place any remaining funds in a conservatorship account. She attaches a broker’s market analysis, the mortgage payoff statement, and a proposed purchase contract. The court sets a 30-day notice period to the ward and relatives, holds a short hearing, and issues an order permitting the sale subject to a minimum net price. Mrs. Jones closes, pays the mortgage, records the deed, deposits leftover funds to the conservatorship account, and files a final account with the court.

Helpful hints

• Start early. Probate and guardianship filings take time — collect documents and contact the probate clerk before listing a house.
• Get a market valuation or appraisal. Courts expect objective evidence the price is fair.
• Obtain a current mortgage payoff statement and estimate sale-related costs before petitioning the court.
• Provide clear notice to all required parties; incomplete notice delays approval.
• Use local probate court forms when available — the New Hampshire Judicial Branch provides probate information and forms: https://www.courts.state.nh.us/probate/index.htm.
• If the transaction is time sensitive (e.g., pending foreclosure), inform the court and the lender of the urgency; judges sometimes expedite hearings in urgent matters.
• Keep careful records of the sale and how funds were used; you may need to file an accounting or report with the court.
• If multiple parties disagree, consider mediation or requesting the court to decide disputed issues before marketing the property.

Where to find New Hampshire rules and forms

New Hampshire Probate Division information and forms: https://www.courts.state.nh.us/probate/index.htm.

New Hampshire statutes (search or browse the Revised Statutes): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html.