Detailed Answer — How to buy out siblings’ shares in a parent’s house under New Hampshire law

Short answer: Whether you can buy your siblings’ shares instead of selling the house through probate depends on how title is held, whether a probate administration is required, and whether all heirs agree. Typical steps: confirm title and heirs; open or determine necessity of probate; get a current market appraisal; calculate each heir’s share of net equity; negotiate a buyout price and payment terms; obtain the required probate/administrative authority (if any); prepare and record a deed and any lien or promissory-note documents; and satisfy mortgages and creditor notice requirements before final distribution.

This is educational information only and not legal advice. Consult a New Hampshire attorney about your case before acting.

1. Confirm how the property is titled

Start by looking at the deed recorded at the county Registry of Deeds. Common possibilities:

• Joint tenancy with right of survivorship: The surviving joint tenant(s) automatically takes full title at death and probate is often unnecessary for the real estate.
• Tenancy in common or solely in the decedent’s name: The property becomes part of the decedent’s estate and title typically passes via probate or small‑estate process to heirs under the will or New Hampshire intestacy rules.
• Transfer-on-death deed or beneficiary deed: If used, it may avoid probate for the property; check the deed language and recording status.

2. Determine whether probate or a small estate procedure is required

If the house is part of the probate estate, any distribution (including a buyout) normally waits until an administrator or personal representative is appointed and the estate resolves creditor claims and taxes. New Hampshire courts and the state statutes govern estate administration. For general information see the New Hampshire Judicial Branch (https://www.courts.state.nh.us/) and the New Hampshire statutes index (https://www.gencourt.state.nh.us/rsa/html/), or consult the probate court in the county where the decedent lived.

3. Appraise the property and calculate each heir’s share

Order a professional real estate appraisal or obtain a broker price opinion so you can base a buyout on fair market value. Basic math example:

1. Appraised value: $300,000
2. Mortgage payoff and liens: $80,000
3. Net equity: $220,000
4. If there are three heirs under the will/intestacy, each share = $220,000 ÷ 3 = $73,333.

A fair buyout offer to a sibling would compensate them for their share of the net equity. You can pay cash, execute a promissory note, or provide other agreed terms.

4. Get the legal authority you need to transfer title

If probate has already begun, the personal representative (executor/administrator) handles estate property. That person may approve a transfer or sale. If probate has not been opened but is required, you or another heir must petition the probate court to be appointed. If the estate qualifies for summary or small‑estate procedures, those forms allow transfer without full administration — check the court for thresholds and rules.

5. Negotiate and document the buyout

Key documents typically include:

• Written purchase agreement between the buyer (you) and the selling heirs.
• Deed transferring the seller‑heir’s interest (often a quitclaim deed if the seller is not guaranteeing title).
• If payment is deferred: promissory note, mortgage or deed of trust, or security agreement to protect seller‑heirs.
• Settlement statement showing closing adjustments, mortgage payoffs, and distributions.

All siblings should sign the deed and any settlement documents. If a personal representative is involved, deeds may need the PR’s signature or court approval.

6. Record the deed and clear liens

Record the executed deed at the county Registry of Deeds where the property lies. Also obtain payoff statements for mortgages and liens so the title transfers free and clear (or subject to an agreed lien such as your new mortgage or the seller’s retained security interest).

7. Observe creditor periods and tax implications

Distributions from an estate can be affected by creditor claims and estate procedures. If you distribute assets before giving proper notice or waiting the statutory creditor period, you may risk personal liability. Also consider capital gains consequences and the stepped‑up basis that estates generally provide—consult a tax advisor.

8. When siblings disagree or complications arise

If any heir refuses to sell, you may:

• Continue negotiating (different payment terms, partial payments, financing).
• Offer to buy only those willing to sell and take title subject to non‑selling co‑owners’ rights.
• If negotiation fails and the property is in the estate, the personal representative may petition the probate court to sell the property. The court can order a sale if sale is warranted for administration.

Practical checklist — documents and steps

• Obtain multiple certified death certificates.
• Get the recorded deed from the county Registry of Deeds.
• Locate the will (if any) and any beneficiary deeds or joint tenancy instruments.
• Order an appraisal and a title search.
• If required, open probate and get Letters Testamentary/Administration from the probate court.
• Prepare purchase agreement, deed, and any promissory note/mortgage documents.
• Record the deed and update the title insurance (if used).

Helpful Hints

• Start by checking title now. If the property already passed outside probate (joint tenancy or beneficiary deed), a buyout may be simpler.
• Get a professional appraisal. An honest market value avoids future disputes.
• Use written agreements. Oral promises lead to fights later.
• Consider offering flexible payment options (note with security) if siblings want cash over time.
• Speak with the county probate court early to learn whether a full administration or small‑estate process applies in your case.
• Run a title search and consider title insurance to avoid undisclosed liens or claims.
• Talk to a New Hampshire real estate attorney before recording documents to make sure probate rules and creditor periods are satisfied.

Where to find official New Hampshire resources

• New Hampshire Judicial Branch (probate information and forms): https://www.courts.state.nh.us/
• New Hampshire Revised Statutes (searchable index of laws): https://www.gencourt.state.nh.us/rsa/html/
• County Registries of Deeds (for recorded deeds and to record your deed): check your county’s registry via the Secretary of State or county web pages.

Final note / disclaimer: This article explains common steps under New Hampshire law but is not legal advice. Every situation differs. Before signing deeds, opening administration, or making payments, consult a licensed New Hampshire attorney or the probate court for advice tailored to your facts.