How to confirm whether bank accounts fall under New Hampshire’s $20,000 small estate threshold
Short answer: Add up the decedent’s personal property that must pass through probate (bank accounts that are solely in the decedent’s name, plus other personal property), exclude accounts that pass automatically (payable-on-death, joint-tenancy, trust or named-beneficiary accounts), and get the bank’s official ledger balance as of the date of death. If the probate estate’s personal property totals $20,000 or less, you may qualify for New Hampshire’s simplified small estate procedure. This article explains step‑by‑step how to verify that amount.
Detailed answer — step by step
1) Understand what the $20,000 limit covers
In New Hampshire, the small estate process applies to the decedent’s personal property that must pass through probate. Common items included are bank accounts held solely in the decedent’s name, cash, personal belongings, and certain tangible assets. It generally does not include real estate, and it does not include assets that already pass outside probate (for example, accounts with a payable‑on‑death (POD) beneficiary, joint accounts with rights of survivorship, assets titled in a trust, or life insurance and retirement benefits with named beneficiaries).
2) Get the official bank balance(s) as of the date of death
Do not rely only on a quick online balance. Ask the bank for a certified or official ledger balance as of the decedent’s date of death. The ledger balance shows the bank’s recorded balance on that date and accounts for posted transactions. This is the figure most probate clerks and banks accept when applying small‑estate rules.
- Contact the bank’s probate/estate department and request the account ledger balance on the date of death. They may ask for a certified copy of the death certificate and some identification from the requester.
- Ask whether the account is designated POD, has a beneficiary, or is joint. If so, that account likely bypasses probate and should be excluded from the $20,000 calculation.
- For accounts with pending transactions, ask how those transactions were handled with respect to the ledger balance at date of death.
3) Inventory all personal property that must pass through probate
Make a short inventory that lists each asset you think might be part of the probate estate, including:
- Bank accounts individually owned by the decedent (include each ledger balance at date of death).
- Cash on hand.
- Personal property with resale value (vehicles, jewelry, collections).
- Brokerage accounts or other non‑retirement investment accounts titled only in the decedent’s name.
Add those amounts together to reach a total figure for probate personal property.
4) Exclude assets that avoid probate
Before you finalize your total, exclude assets that pass outside probate:
- POD or TOD (transfer-on-death) designations on bank or brokerage accounts.
- Joint accounts with rights of survivorship.
- Assets held in trust.
- Life insurance and retirement accounts with named beneficiaries (these pass to beneficiaries, not through probate).
5) Consider liens, debts, and offsets
The small estate threshold generally looks to the gross value of personal property available to distribute through probate. Outstanding debts do not always reduce the figure used to determine eligibility for the simplified procedure. Because handling debts can be technical, confirm with the probate court whether any liens or secured claims should be deducted from the value when assessing eligibility.
6) Confirm with the local probate court
Once you have your inventory and the bank’s official ledger balances, take the totals to the probate clerk in the county where the decedent lived. The probate clerk can tell you whether the estate qualifies for the small estate process and which forms to use. Procedures and form names can vary by county.
7) Typical documents you’ll need to request and prepare
- Certified copy of the death certificate.
- Bank statements and the bank’s ledger balance as of the date of death.
- Account records showing account ownership and beneficiaries.
- The small estate affidavit or other simplified probate form required by the local probate court (if eligible).
8) What if totals are close to $20,000?
If your total is near the threshold (for example, $19,000–$21,000), be conservative: double‑check all accounts, confirm the bank balances in writing, and consult the probate clerk. If the estate slightly exceeds $20,000, you may need to open a regular probate estate, which is more formal and may require appointment of a personal representative.
9) When to consult an attorney
If the estate is close to the limit, the ownership or beneficiary status of accounts is unclear, multiple heirs dispute the values, or creditors raise claims, consult an attorney experienced in New Hampshire probate to avoid mistakes that could cause later liability.
For general statute search and text of New Hampshire law, you can start at the New Hampshire Revised Statutes Annotated (RSA) index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
For practical forms and local court contact information, visit the New Hampshire Judicial Branch website’s court services/probate area: https://www.courts.state.nh.us/ and look under Probate Court or Court Services.
Helpful hints
- Start by requesting the official ledger balance from each bank rather than relying solely on online snapshots.
- Ask the bank in writing whether the account is subject to POD, joint‑ownership rights, or other non‑probate features. Get this in writing if possible.
- Keep a simple written inventory with copies of the supporting documents (statements, beneficiary forms, death certificate).
- When in doubt, call the probate clerk in the decedent’s county — clerks commonly help determine qualification for small estate procedures.
- Do not withdraw funds until you know whether the account passes outside probate; doing so can create legal complications.
- If you expect the total to exceed $20,000 only because of one uncertain item, consider getting a formal appraisal or a bank certification of the balance to resolve the question promptly.
- If multiple financial institutions are involved, collect ledger balances from all of them and add only the probate‑subject accounts.
Disclaimer: I am not a lawyer. This article provides general information about New Hampshire probate procedures and is not legal advice. For advice about a specific situation, contact a licensed New Hampshire attorney or the local probate court.