Detailed Answer
When a loved one dies, you may not know whether they created a will or other estate planning documents. In New Hampshire, the process to verify a decedent’s estate plan involves checking court records, contacting professionals, and searching personal effects. Below is a step-by-step guide under New Hampshire law.
1. Contact the County Register of Probate
In New Hampshire, wills and probate matters fall under the Probate Division of the Superior Court. Each county maintains a Register of Probate office. If someone filed a will for probate, the Register’s records will reflect that filing. Visit the probate office in the county where the decedent lived or where real property was located. You can find contacts and hours at the New Hampshire Judicial Branch website: www.courts.state.nh.us/probate/
2. Search Probate Court Records
If a will exists, someone (often a family member or the named executor) must file it with the court after death. Search the court docket for probate petitions. Under NH RSA 551:2 (Execution of Wills), a valid will must be in writing, signed by the testator, and witnessed. Court filings will show whether a document met these requirements and was accepted for probate.
3. Check with the Decedent’s Attorney
Many people use an attorney to draft wills, trusts, powers of attorney, and advance directives. Ask family members or business contacts if the decedent worked with a lawyer. Attorneys often keep original estate documents in secure files or safe deposit boxes. With proper authorization or a court order, you can request copies directly from the law office.
4. Search Personal Records and Safe Deposit Boxes
Review the decedent’s personal papers, including drawers, home filing systems, and electronic files. Look for letters from attorneys, bank statements referencing safe deposit boxes, or correspondence with trust companies. Banks typically require a death certificate and court order to open safe deposit boxes after someone’s death.
5. Explore Online Will Registries
New Hampshire does not maintain a central will registry, but private services allow individuals to register the location of their estate documents. If the decedent used such a service, the registry can direct you to where the original documents are held.
6. Consider Small Estate Procedures
If you cannot locate a will and the decedent’s estate qualifies as a small estate (personal property under $100,000 and no real property), you may use the affidavit process. Under NH RSA 551:27 (Disposition of Small Estates Without Administration), an heir can collect assets through an affidavit instead of full probate. However, this does not substitute for a will—it only streamlines asset transfer when no will exists.
Disclaimer
This article provides general information about New Hampshire probate procedures and is not legal advice. For guidance tailored to your situation, consult a qualified New Hampshire attorney.
Helpful Hints
- Prepare a certified copy of the death certificate before visiting the probate office.
- Keep a list of potential attorneys who drafted estate documents for the decedent.
- Check personal devices for digital wills or scanned documents.
- Ask banks about safe deposit box procedures after death.
- Document all inquiries and keep copies of correspondence.