How to ask a New Hampshire probate court to reconsider letters of administration and remove an administrator

Disclaimer: This is general information, not legal advice. I am not a lawyer. For legal advice about your specific situation, consult a licensed New Hampshire attorney.

Short answer

If you are the sole heir and you believe someone else was wrongfully appointed administrator, you can petition the New Hampshire probate court that issued the letters to (1) revoke or set aside those letters and (2) have the court appoint you instead. To do that you must file a formal petition in probate court, provide evidence showing why the current administrator should be removed (for example lack of qualification, misconduct, fraud, or failure to perform duties), give notice to interested parties, and ask the court to appoint you as the administrator. The court will decide after reviewing the petition and holding a hearing.

Detailed answer — steps and legal basis under New Hampshire law

1. Understand what letters of administration are

Letters of administration are the probate court’s official authorization that allows a person (the administrator) to manage an intestate decedent’s estate (property, debts, distribution) when there is no valid will. Letters allow the administrator to collect assets, pay debts, and distribute the estate under the court’s supervision.

2. Who gets priority to be administrator?

New Hampshire probate practice gives preference to certain persons (often a surviving spouse, next-of-kin, or other statutory priority) when appointing an administrator. If you are the sole heir and can show entitlement (relationship, priority under the statute), that is a strong factual basis to seek appointment in place of the current administrator.

3. Grounds to seek reconsideration and removal

You can ask the probate court to revoke letters and remove an administrator for several common reasons, including:

• The appointment was procured by fraud, misstatement, or mistake.
• The administrator is not qualified under the statute (for example not a proper priority or lacks required bond).
• The administrator has engaged in misconduct: stealing estate assets, failing to inventory assets, refusing to account, self-dealing, or otherwise breaching fiduciary duties.
• The administrator is incapacitated or unable to perform the role.

4. Procedural steps to ask the court to reconsider and remove the administrator

1. Find the correct court file. Locate the probate case number and the county probate court that issued the letters.
2. Prepare and file a petition. File a petition to revoke or set aside letters of administration and a petition to remove the administrator. The petition should state your relationship to the decedent, why you believe the letters should be revoked or the administrator removed, the relief you request (appointment of you as administrator), and the factual evidence supporting your claim.
3. Attach supporting documents. Common attachments: death certificate, proof of your status as sole heir (family tree, birth/marriage certificates), a copy of the letters of administration, any evidence of misconduct (bank records, communications), and any prior filings in the probate case.
4. Request temporary relief if needed. If you are concerned the administrator will dissipate assets, ask the court for emergency temporary orders (restrictions on transfers, inventory and accounting, or appointment of a temporary administrator).
5. Serve notice on interested persons. Give proper notice to the current administrator and other interested persons (heirs, creditors). Probate rules require notice so the court can hold a hearing.
6. Attend the hearing. The court will schedule a hearing. Present your evidence and witnesses. The administrator may defend the appointment or present evidence. The judge will rule based on the law and the record.
7. If the court removes the administrator. The court will enter an order revoking the letters and will follow statutory priority rules to appoint the successor. If the court appoints you, you will receive letters authorizing you to act as administrator.

5. What the court will consider

The probate judge evaluates whether the existing appointment was proper and whether the administrator is fit to serve. Key considerations include:

• Whether the prior appointment complied with statutory priority and procedural rules.
• Evidence of fraud, misrepresentation, or mistake in how letters were obtained.
• Whether the administrator is violating fiduciary duties (failure to account, misappropriation, self-dealing).
• Whether appointment of you as sole heir promotes the orderly administration and best interests of the estate.

6. What you should file and prove

Your petition and presentation should include:

• A clear statement of facts (relationship to decedent, why you are sole heir).
• Documentation proving heirship or priority (vital records, family documents).
• Copies of the letters of administration and any bonds or bond certificates.
• Evidence of any misconduct or incapacity by the administrator.
• A proposed order revoking letters and appointing you (many probate clerks provide form petitions or checklists).

7. Other remedies the court can order

The court can:

• Revoke letters and appoint a new administrator.
• Order an accounting or surcharge the administrator for losses caused by misconduct.
• Require bond, remove powers, or appoint a temporary administrator to protect the estate.

8. Timing, costs, and appeals

Probate proceedings have timelines for filing and notice. Expect some delay for filing, service, and a hearing. There will be court filing fees and potential attorney fees. If you disagree with the probate judge’s decision, you may have the right to appeal under New Hampshire appellate rules — consult a lawyer for timeline and procedure.

Helpful hints

• Start by contacting the probate clerk’s office where the estate is filed. Ask for local forms, filing requirements, and hearing timelines.
• Collect records early: death certificate, proof of your relationship to the decedent, any written communications with the administrator, bank or title records, and the letters of administration themselves.
• Ask the court for an inventory and accounting if the administrator has not filed one. That can reveal potential mismanagement.
• If you fear asset loss, request emergency restraints (a temporary order preventing transfer of estate assets) and/or temporary appointment while the dispute is decided.
• Be specific in your petition. Courts respond to clear, corroborated facts rather than general complaints.
• Keep careful records of all service, filings, and communications with the court and the administrator.
• Consider mediation or an early settlement if conflicts are mainly about distribution rather than serious misconduct.
• Consult a New Hampshire probate attorney if the estate is large, contested, or if the administrator has allegedly committed theft or other serious wrongdoing.

Where to find New Hampshire probate statutes and forms

New Hampshire’s statutes and probate rules govern appointment, removal, accounting, and related matters. To read the statute sections and find forms and local procedures, visit:

• New Hampshire General Court (statutes and RSA search): https://www.gencourt.state.nh.us/
• New Hampshire Judicial Branch (information about probate courts and local forms): https://www.courts.state.nh.us/

When to get an attorney

If the administrator concedes and paperwork is straightforward, you may be able to proceed without a lawyer. When the appointment is contested, when you need emergency relief to protect assets, or when misconduct (including possible criminal conduct) is alleged, hire a probate attorney experienced in New Hampshire law. An attorney can draft the petition, assemble evidence, handle hearings, and advise on appeals.

Remember: This article explains general procedures and common issues. It is not legal advice. Every case is different. For guidance about your rights and options, consult a licensed New Hampshire attorney.