Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a New Hampshire attorney for guidance on your specific situation.
Detailed Answer
1. Confirm the Will’s Authenticity
When you uncover a decades-old will, start by verifying its genuineness:
- Check for an attestation clause signed by the testator and two witnesses.
- Locate witness affidavits or deposition transcripts confirming the testator’s capacity and intent.
- Compare signatures on known documents to rule out forgery.
2. Determine Filing Deadlines Under New Hampshire Law
New Hampshire sets deadlines for offering a will to probate but allows late filings for good cause:
- Under RSA 551:1, probate courts oversee will admissions.
- RSA 551:2 generally requires a will to be offered within three years of the testator’s death.
- If you’ve missed the statutory window, petition the Superior Court for late probate, showing excusable delay and substantial evidence of authenticity.
3. File a Petition for Probate
To open a probate proceeding:
- Submit a formal petition to the probate division of the Superior Court in the county where the decedent lived (RSA 551:11).
- Attach the original will, certified death certificate, and any supporting affidavits.
- Pay the required filing fee or request a waiver if you qualify for indigent status.
4. Notify Interested Parties
After filing, the court will:
- Issue notice to heirs, beneficiaries, and creditors.
- Set deadlines for will contests (typically four months after notice).
- Schedule a hearing if any party questions validity.
5. Obtain Admission and Executor Appointment
Once the court admits the will to probate:
- The nominated executor (or an alternate) receives letters testamentary.
- The executor inventories assets, pays debts, and distributes property per the will.
- File final accounting when administration concludes.
Helpful Hints
- Locate all original drafts, codicils, and related correspondence.
- Interview or secure affidavits from surviving witnesses.
- Gather supporting records: bank statements, asset deeds, and beneficiary contact info.
- Consider mediation if heirs dispute the will’s terms to avoid protracted litigation.
- Track deadlines carefully and request court extensions early if needed.