Detailed answer: how to become the administrator when a sibling dies without a will

If your sibling died without a will (intestate) and you want to act as the estate’s personal representative (often called an administrator), you must be appointed by the New Hampshire Probate Court that has jurisdiction where the decedent lived. Below are the key steps and legal concepts to know.

1. Confirm intestacy and identify eligible applicants

“Intestate” means there is no valid will naming a personal representative. New Hampshire’s intestacy rules determine who inherits the decedent’s property; they also guide who may ask the court to be appointed to administer the estate. Priority for appointment normally follows the close family order: surviving spouse, children (and their descendants), parents, siblings, and then more remote relatives. If no one with higher priority applies, a sibling may be appointed.

For the statute framework on descent, distribution, and intestacy, see the New Hampshire Revised Statutes (RSA) and the Probate Court resources linked below:

• New Hampshire Revised Statutes Online (RSA)
• New Hampshire Probate Court — Estates and Administration

2. Who can apply to be administrator?

Any competent adult with an interest in the estate (usually an heir) can petition the Probate Court to be appointed. A sibling is an interested person and may apply if no one with superior right seeks appointment. The court looks for an applicant who will properly administer the estate and protect creditors’ and heirs’ rights.

3. Filing a petition with the Probate Court

Steps commonly required:

1. Locate the Probate Court in the county where the decedent lived. File a petition for appointment of an administrator (sometimes called a petition for grant of administration).
2. Provide a certified copy of the death certificate and information about the decedent’s heirs and known assets and debts.
3. Give notice to known heirs and interested parties as required by the court rules so they may object or consent.
4. Attend a hearing if the court schedules one. If no one objects and the applicant is qualified, the court will usually appoint the applicant.

Local Probate Court websites list forms and filing instructions. See the Probate Court page above for contact and forms.

4. Taking the oath, bond, and letters of administration

After appointment, the administrator must usually take an oath and may need to post a bond. The court can waive the bond or accept a reduced bond if all heirs agree or if the court finds a waiver appropriate. Once appointed and bonded (if required), the court issues letters of administration (or similar letters) that identify you as the estate’s representative. Those letters give you authority to collect assets, pay debts, and distribute property per New Hampshire law.

5. Disqualifications and practical considerations

Typical disqualifications: minors or persons legally incapacitated cannot serve. A person with a conflict of interest, a recent felony conviction, or someone the court finds unfit may be denied appointment. The court also considers whether the applicant can provide an appropriate bond and fulfill fiduciary duties.

Practical steps before filing: gather the death certificate, a basic list of assets and creditors, the names and addresses of likely heirs, and any information about prior attempts to create a will. If other family members seek appointment, try to reach an agreement before filing; courts often favor agreement and may appoint a person the heirs unanimously support.

6. After appointment: duties of an administrator

Once appointed, your duties typically include:

• Inventorying estate assets;
• Notifying and paying creditors;
• Filing tax returns for the decedent and the estate;
• Managing assets prudently;
• Distributing the estate according to New Hampshire intestacy rules;
• Filing final accounting with the Probate Court when required.

Failure to follow these duties can expose you to personal liability. If you are unsure about complex assets, taxes, or creditor claims, consult a probate attorney.

7. When to hire an attorney

Consider hiring an attorney if the estate is large, has complex assets (business interests, out-of-state property), contested heirship, potential creditor litigation, or tax issues. An attorney can prepare petitions, represent you at hearings, advise on bond issues, and help complete the final accounting.

Helpful hints

• Contact the county Probate Court early to ask about local forms, filing fees, and exact procedures.
• Obtain multiple certified death certificates (banks and agencies often require originals).
• Create a simple list of assets, account numbers, and creditor contact information before you petition.
• If other heirs exist, try to get written confirmations of their consent to your appointment—this can speed up the process and avoid hearings.
• If the estate is small and no real property or significant debts exist, ask the court about simplified or small estate procedures.
• Keep careful records and receipts for all estate transactions; you will need them for the court accounting.
• Use the New Hampshire Probate Court and RSA resources for forms and statute text: NH Probate Court and NH Revised Statutes (RSA).