Detailed answer — step-by-step guide

This guide assumes you are not a New Hampshire resident and you need to submit an original last will and testament for probate in New Hampshire. It explains how probate typically works in New Hampshire and practical steps you can take from out of state. This is general information only and not legal advice. Consult a New Hampshire attorney for help specific to your situation.

1. Confirm which New Hampshire probate court has jurisdiction

Probate goes where the decedent was domiciled (their primary residence) at the time of death. The New Hampshire Judicial Branch runs probate matters. Use the probate landing page and forms directory to locate the appropriate county probate court and contact information: New Hampshire Probate Division and Probate Forms. You can also confirm domicile issues with a probate clerk or attorney.

2. Call or email the probate clerk before you send anything

Every county clerk can tell you the local filing procedure, fees, what forms they require, whether the original must be delivered in person, and what counts as proof of death (death certificate). Calling first avoids mistakes (for example, some courts want the original mailed with a cover letter; others prefer hand delivery or an attorney filing it).

3. Prepare the package the clerk will expect

Common items courts request when someone files an original will for probate:

• The original will (do not sign or alter it).
• A certified copy of the decedent’s death certificate.
• A Petition for Probate or Application form (check the county forms page or use the statewide probate forms directory: Probate Forms).
• An inventory or list of known heirs and beneficiaries, if requested.
• A copy of your government ID and proof of your relationship to the decedent (if required).
• The filing fee (the clerk will confirm the amount and acceptable payment methods).

4. Choose a safe delivery method

If the court allows mailing, use a secure, trackable option such as certified mail with return receipt, or an insured overnight courier that provides proof of delivery. Include a clear, signed cover letter explaining what you are submitting, your contact information, and a request for the clerk to notify you when the will is accepted and docketed.

5. Consider local representation

Hiring a New Hampshire attorney or asking a trusted local agent to deliver the original will can reduce risk. An attorney can prepare the probate petition, appear in court on your behalf (if needed), and ensure strict compliance with local rules. If you are the named executor and live out of state, an attorney can help you obtain Letters Testamentary after probate is opened.

6. What happens after the court receives the original will

Typical next steps:

• The court accepts and docketes the will and opens a probate file if someone files a petition to admit the will to probate.
• The court will issue notices to heirs and interested parties as required by New Hampshire procedure, and it may schedule a hearing if necessary.
• If you are the nominated executor, you will petition for appointment (Letters Testamentary) so you can act for the estate. The court will advise whether a bond is required or whether the will waives bond.

7. If the executor lives out-of-state

New Hampshire courts generally permit a nonresident to serve as executor, but you must follow local procedures to be appointed and to accept the appointment. The court may require a local agent or an attorney to accept service on your behalf or to fulfill administrative steps. Confirm with the county probate office whether being out-of-state triggers additional paperwork (for example, proof of identity, acceptance of appointment, or a resident agent requirement).

8. If you are worried about loss or damage to the original will

Keep a clear, dated photocopy for your records (do not send the copy in place of the original). If the original is lost or destroyed before or after filing, New Hampshire law provides procedures to try to prove the contents of a lost will — but those proceedings are more complex and more likely to require local counsel.

9. When and why to hire a New Hampshire probate attorney

Hire a local attorney if any of the following apply:

• The estate is large or complex.
• The will’s validity might be contested.
• You are unfamiliar with New Hampshire probate procedure and want to avoid delays or errors.
• You prefer someone to appear in court for you or help obtain Letters Testamentary while you remain out of state.

10. Statute and court resources

New Hampshire’s laws and the probate court’s forms and local instructions are authoritative resources. For the New Hampshire Revised Statutes Annotated (RSA) table of contents, see New Hampshire RSA index. For probate-specific information and forms, see the New Hampshire Judicial Branch Probate Division: https://www.courts.state.nh.us/probate/ and https://www.courts.state.nh.us/probate/forms.htm. These pages will point you to county-specific filing instructions and contact information.

Helpful Hints

• Always contact the specific county probate clerk before you mail the original will. Local practices differ.
• Send the original via a trackable, insured method. Ask the clerk to confirm receipt in writing or email.
• Include a signed cover letter naming the decedent, your relationship, and a request to docket the will and notify you of the next steps.
• Include a certified copy of the death certificate with the submission; many courts will not act without it.
• If you are named executor, ask how to petition for Letters Testamentary and whether a bond is required or waived by the will.
• Keep digital scans and photocopies of all documents you send and the courier receipt.
• When in doubt, hire a New Hampshire probate attorney to file and represent you — this reduces the risk of delays and procedural errors.
• If the original will gets lost in transit, contact the court immediately and consult an attorney; there are procedures for proving lost or destroyed wills, but they are more complex.