Detailed Answer

This section explains how to determine exactly who will receive money from the sale of a house in New Hampshire and the steps you can take to confirm where proceeds will go. The answer depends on who owns the property, whether there are loans or liens, whether the property is part of a probate estate, and whether the seller used non‑probate tools (joint ownership, trust, or beneficiary designation).

1) Determine how the property is titled

Start by getting a copy of the deed. The deed tells you how the owner(s) hold title. Common possibilities:

• Sole ownership — the property is only in the decedent’s name. This typically requires probate administration before distributing proceeds.
• Joint tenancy with right of survivorship — the surviving joint owner(s) usually take the property automatically; sale proceeds will go to the surviving owner(s) unless the property was later encumbered or placed in estate administration.
• Tenants in common — each owner controls a share that becomes part of that owner’s estate on death and may require probate to transfer the share.
• Trust ownership — if title is in the name of a revocable trust, the successor trustee can sell and distribute proceeds according to the trust terms without probate.
• Beneficiary or transfer-on-death arrangements — some instruments transfer at death to a named beneficiary outside probate. Check the deed or other transfer documents.

If you do not know how to read a deed, contact the county Registry of Deeds where the property is located and ask for a copy. The Registry can confirm the recorded owner(s) and any recorded documents (liens, mortgages, easements).

2) Check for mortgages, liens, and other encumbrances

At closing, the title company or closing attorney typically pays off mortgages and recorded liens from sale proceeds before any net distribution. Common items that must be paid out of proceeds include:

• Mortgage payoffs and home equity lines
• Mechanic’s liens or judgment liens recorded against the property
• Property taxes and municipal charges (if unpaid)
• Costs of sale (real estate commission, closing costs, title fees)

Ask for the settlement statement (Closing Disclosure or HUD-1) from the title company or closing agent — it shows exactly how gross sale funds were applied and who received each payment.

3) If the property is part of a probate estate

When the decedent owned the property individually (no survivorship, no trust, no beneficiary designation), the personal representative (executor or administrator) handles sale and distribution under New Hampshire probate procedures. Key points:

• The personal representative must collect assets, pay debts and expenses, and distribute the remainder to beneficiaries under the will or under intestacy rules if there is no will.
• Creditors’ claims and administration costs are generally paid before beneficiaries receive funds.
• The probate court supervises the process and can require the personal representative to file inventories, accountings, and petitions for final distribution.

To see exactly where proceeds went, obtain the probate docket and filed documents (inventory of estate assets, accounting, petitions, and the court’s order approving distribution) from the local probate court. In New Hampshire, information about the probate court system and contact details is available from the New Hampshire Judicial Branch: https://www.courts.state.nh.us/superiorcourt/probate/.

4) Non‑probate transfers and trusts

If the property passed outside probate (for example, title named another owner who survived, or the property was owned by a revocable trust), the trustee or surviving owner directs the sale and distribution. In those cases, the trust documents or the surviving owner’s records will show who gets the money.

5) How to confirm the exact recipients and amounts

1. Get the deed and any recorded documents from the county Registry of Deeds.
2. Ask for the closing documents: settlement statement, payoff statements for mortgage(s), lien releases, and the title insurance policy. These documents show payments and net proceeds.
3. If there is a probate case, request copies of the probate file: petition, inventory, accountings, and the final distribution order from the probate court clerk.
4. Request a written accounting from the personal representative, trustee, or closing agent. New Hampshire probate filings will show court‑approved distributions.
5. If you suspect improper distribution, you can file a petition in probate court to compel an accounting or to challenge the personal representative’s actions.

6) Where to look for statutes and official guidance

For the governing statutes and to look up specific probate and property law in New Hampshire, use the state statute library and the judicial branch resources:

• New Hampshire Revised Statutes Annotated (search and browse): https://www.gencourt.state.nh.us/rsa/html/
• New Hampshire Judicial Branch — Probate Court information: https://www.courts.state.nh.us/superiorcourt/probate/

7) Common scenarios and what they mean for proceeds

• Sale during probate by the personal representative: Funds go first to pay liens and debts. The probate court case record and accounting will show the distribution to heirs or beneficiaries.
• Sale by surviving joint owner: The surviving owner receives the net proceeds after payoffs; heirs do not receive sale proceeds through probate unless that owner later dies with a claim.
• Sale of trust property: The successor trustee must follow the trust; proceeds are distributed according to the trust’s terms (trust documents and trustee accounting show this).

8) When to get a lawyer

If you cannot obtain clear records, suspect wrongdoing, or need to challenge a distribution, consult a New Hampshire attorney who handles probate and real estate matters. A lawyer can help you:

• Obtain and review title documents and closing statements
• Request accountings and file motions in probate court
• Represent you in disputes over creditors’ claims, priority of liens, or the personal representative’s conduct

Quick checklist — what to request immediately

• Copy of the recorded deed (county Registry of Deeds)
• Copy of the death certificate
• Copy of the will or trust documents (if any)
• Settlement statement / Closing Disclosure from the sale
• Mortgage payoff statements and lien releases
• Probate case number and copies of filings if property was probated

Where to go for official documents: county Registry of Deeds for title records and the New Hampshire probate court where any estate administration was opened.

Helpful Hints

• Ask the closing agent for the full settlement statement — it is the clearest single document showing who was paid and how much.
• If you are an heir or interested party, submit a written request for an accounting from the personal representative or trustee; keep a copy of your request.
• Search the county Registry of Deeds online or call the registry clerk to confirm recorded mortgages and liens before assuming how much net proceeds will be available.
• If the property was sold before probate opened, the closing documents are still the first place to look for distribution details.
• Probate court files are generally public records; ask the probate clerk how to get copies or how to access the docket.
• Document every communication in writing (emails, certified letters) so there is a paper trail if you later need court action.
• If multiple heirs disagree about distribution, consider a limited probate attorney consult to understand options and timelines.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney about your particular situation.