Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New Hampshire for advice tailored to your specific situation.
1. Identify the Primary Probate Venue
Under New Hampshire law, you begin by filing the estate administration petition in the probate division of the superior court in the county where the decedent was domiciled at death. See RSA Title XXXIII: Estates—Transfer of Property. This court has exclusive jurisdiction over personal and real property located in New Hampshire.
2. Inventory Assets by Location
Prepare a complete inventory distinguishing assets by county and by state. Typical asset categories include:
- Real estate (deeds and mortgages)
- Bank and brokerage accounts
- Retirement plans and life insurance
- Business interests
3. Administer New Hampshire Assets
All assets located within the state flow through the primary probate proceeding. The appointed personal representative (PR) collects, manages, and eventually distributes these assets under RSA Title XXXIII.
4. Ancillary Administration for Out-of-State Assets
If the decedent owned real estate or tangible personal property in another state, you must open an ancillary probate there. This secondary proceeding validates the New Hampshire PR’s authority to act on those assets. Many states follow comity principles and allow the New Hampshire appointment to be recognized.
Key steps include:
- Obtain a certified copy of the New Hampshire Letters Testamentary or of Administration.
- File for ancillary appointment in the foreign jurisdiction’s probate court.
- Post any bonds or notices required by the out-of-state court.
For statutes on foreign personal representatives, see RSA 556:1.
5. Coordinate Between Jurisdictions
Maintaining clear communication between the primary and ancillary courts helps avoid duplicate distributions or tax obligations. Provide regular inventory updates to each court and seek orders that prevent conflicting instructions.
6. Close the Estate
Once all assets—both in New Hampshire and elsewhere—are collected, liabilities paid, and heirs satisfied, file a final accounting and petition for discharge in each court. The courts will confirm that the estate administration is complete and formally release the PR from further duties.
Helpful Hints
- Start early: Asset identification across jurisdictions can take months.
- Keep detailed records: Track expenses like court filing fees and travel.
- Consult counsel: Consider hiring local counsel in other states for ancillary proceedings.
- Check tax requirements: File estate tax returns in both New Hampshire and other states, if applicable.
- Use technology: Secure cloud storage for wills, deeds, inventories, and court filings.