Detailed Answer — Practical Steps and Legal Process

1. Take immediate, practical steps

– Obtain certified copies of the death certificate (you will need multiple copies for banks, title companies, and government agencies). Request these from New Hampshire Vital Records: https://www.dhhs.nh.gov/about-dhhs/divisions/vital-records.

– Secure the decedent’s home, vehicle(s), safe-deposit box, mail, and digital accounts. Change locks if necessary and notify banks and insurers about the death.

– Locate key documents: the original will (if any), trusts, deeds, titles, life insurance policies, account statements, tax returns, and a list of debts and creditors.

2. Determine whether there is a will and who has authority

– If there is a valid will and it names a personal representative (sometimes called an executor), that person usually starts the probate process and manages the estate.

– If there is no will, New Hampshire’s probate procedures provide for appointment of an administrator by the Probate Court. The court follows intestacy rules to determine heirs.

3. Decide whether probate is required

– Some assets pass outside probate (joint accounts with right of survivorship, accounts with named beneficiaries, some transfers on death, and living trusts). Other assets—real estate held solely in the decedent’s name, many bank and investment accounts, and personal property—often require probate to transfer legal title.

– The New Hampshire Probate Division explains how to open an estate and provides forms and local procedures: https://www.courts.state.nh.us/probate/.

4. Open an estate in the Probate Court

– File a petition with the Probate Court in the county where the decedent lived. Typical filings include: the original will (if any), a certified death certificate, a petition to appoint a personal representative, and any required filing fees or bond.

– The court will issue letters of appointment (or letters testamentary) that give the representative legal authority to act on behalf of the estate.

5. Duties of the personal representative

– Inventory assets and prepare a schedule of estate property.

– Provide notice to known creditors and publish notice to unknown creditors as required by New Hampshire procedures.

– Pay valid debts, final medical and funeral bills, and file the decedent’s final income tax returns and any required fiduciary returns.

– Manage estate property prudently while administration continues. This can include selling assets if needed to pay debts or tax obligations.

– Prepare and file accounting with the Probate Court and request approval to distribute assets to beneficiaries or heirs.

6. Closing the estate

– After paying debts and resolving claims, the representative seeks the court’s approval to distribute remaining assets according to the will or New Hampshire intestacy rules.

– The court typically requires a final accounting and proof that creditors have been notified or paid before entering an order that closes the estate.

7. Taxes and larger issues

– New Hampshire does not impose a state estate tax; however, very large estates may trigger federal estate tax rules. Check federal guidance: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax and contact the New Hampshire Department of Revenue for state tax matters: https://www.revenue.nh.gov/.

8. When to hire an attorney

– Consider hiring a probate attorney if the estate is complex (real estate in multiple states, business interests, significant debts or tax issues), if the will is contested, or if you are an appointed personal representative and want legal guidance on duties and filings. The Probate Division maintains resources and local filing rules: https://www.courts.state.nh.us/probate/.

9. Common timeline expectations

– Simple administrations can take a few months. Complex estates, creditor disputes, or contested wills can take a year or longer. The Probate Court schedule and required notice periods affect timing.

10. Where to find official forms and local court information

– New Hampshire Probate Division (forms, local rules, contact info): https://www.courts.state.nh.us/probate/.

– Full collection of New Hampshire statutes: https://www.gencourt.state.nh.us/rsa/html/.

Disclaimer: This is general information, not legal advice. It is not a substitute for speaking with a licensed New Hampshire attorney about your specific situation.

Helpful Hints

• Obtain 6–12 certified death certificates right away; organizations often require originals.
• Look for a titled original will — banks will not accept copies for probate filings.
• Check beneficiary designations (life insurance, retirement accounts) before starting probate; these pass outside probate if current.
• Do not commingle estate funds with your personal accounts. Open an estate bank account once you have court authority.
• Keep detailed records and receipts for all estate transactions; the court will want records for accounting and distribution.
• Notify Social Security and other government agencies of the death to avoid overpayments and to learn about survivor benefits.
• If assets are out-of-state (real estate or accounts), ask about ancillary probate in the other state.
• Ask the Probate Court clerk for local filing checklists and forms to avoid delays from missing documents.
• If family members disagree, consider mediation early to reduce legal costs and emotional strain.