Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
When a loved one dies in New Hampshire, you must present the decedents original will (or a filed copy) to the Register of Probate in the county where the decedent was domiciled at death. Below is a step-by-step guide under New Hampshire law.
1. Locate the Original Will
- Check the decedents personal files, safe deposit box, or home for the signed original document.
- Contact the decedents attorney or the law firm that drafted the will.
- If the will was previously filed, the Register of Probate retains the original. You can move to the next step.
2. Obtain a Filed Copy (If the Original Is Already Submitted)
- Visit the Register of Probate office in the appropriate county.
Per RSA 551:29, you may request certified copies of any filed will for a nominal fee. - Provide the decedents full name, date of death, and case number (if known) to streamline your request.
3. Submit the Will for Probate
- Complete and file a probate petition with the Register of Probate per RSA 551:7. The petition must include:
- The original will or a certified copy.
- A certified copy of the decedents death certificate.
- A list of potential heirs or beneficiaries.
- New Hampshire law requires filing the original will within 30 days of the decedents death under RSA 551:12. Late filing may require additional court approval.
- Pay the statutory filing fee at the Registers office. Fees vary by county.
- After filing, the court schedules a hearing to admit the will to probate. Attending beneficiaries or heirs may object at this hearing.
4. Submitting a Copy When the Original Is Lost or Destroyed
- If the original will is missing, file a certified copy along with an affidavit stating the facts of loss, destruction, or theft.
Under RSA 552:1, you must also provide the testimony of at least one attesting witness (or a sworn statement if the witness is unavailable). - The court will review the evidence and decide whether to admit the copy to probate.
Helpful Hints
- Begin your search for the original will promptly after death to avoid delays.
- Keep a detailed log of all communications and filings, including dates, names, and document copies.
- Use certified mail or hand-delivery receipts when submitting documents to the Register of Probate.
- Consider hiring a probate attorney if you face objections, complex assets, or missing witnesses.
- Check the specific Register of Probate website for county fee schedules and local rules.