Detailed answer — step-by-step guide

This section explains, in plain language, what you will likely need to do in New Hampshire to become the appointed administrator of your dad’s estate when he died without leaving a will. This is a general, educational overview — not legal advice.

1. Confirm that your father died intestate

Dying without a will means no valid last will and testament was left. If you cannot find a will after a careful search (home, safety deposit box, attorney, or other safekeeping location), the court will treat the estate as intestate and distribute assets under New Hampshire law.

2. Find the right court and location to file

You must file in the probate court (or the court the state designates for probate matters) serving the county where your father lived at his time of death. Check the New Hampshire Judicial Branch website for local court locations and instructions: https://www.courts.state.nh.us/.

3. Determine who has priority to be appointed

State law establishes a priority list for appointment. Typically, the surviving spouse has first priority. If there is no surviving spouse, adult children, parents, or other next-of-kin may have priority. If multiple people have the same priority (for example, several adult children), the court will generally give preference to the person most suitable to serve or accept nominations by the interested parties.

4. Prepare and file a Petition for Administration

To start formal proceedings, file a petition with the probate court asking to be appointed administrator (sometimes called “administrator of the estate” or “personal representative”). Typical information the petition asks for:

• Decedent’s full name, date of death, and last residence
• Names and addresses of surviving spouse and heirs
• Whether a will exists (and if so, whether it was presented)
• A statement that the petitioner is willing and able to serve
• An estimate of estate assets and whether immediate action is needed

Probate clerks provide local petition forms and can tell you about filing fees, required signatures, and additional paperwork.

5. Give required notices and wait for any hearings

After filing, the court will require notice to interested persons (heirs and creditors). The court may set a hearing to consider objections or competing petitions. If someone contests your appointment (for example, another heir objects), the court will decide based on statutory priority and who can properly manage the estate.

6. Posting bond (if required) and Letters of Administration

The court may require an administrator to post a bond to protect estate creditors and beneficiaries. Once the court approves the appointment and any bond, it issues “Letters of Administration” (or similar documents). Those letters prove you have authority to act for the estate: collect assets, pay bills and taxes, file an inventory, and distribute property according to the intestacy rules.

7. Administer the estate

As administrator you must:

• Locate and secure assets.
• Open a bank account for estate funds.
• Inventory and appraise assets if required by the court.
• Give notice to creditors and pay valid claims in the order required by law.
• File required tax returns (estate and final individual returns).
• Distribute the remaining assets to heirs according to New Hampshire intestacy rules.
• Provide accounting and petitions for final distribution so the court can close the estate.

8. Typical timeline and costs

Time and cost vary by estate size and complexity. Small estates may close in a few months; larger or contested estates can take a year or more. Costs include court filing fees, bond premium (if bond required), attorney fees (if you hire counsel), appraisal fees, and accounting or tax preparation fees.

Important note about New Hampshire law and resources

New Hampshire’s statutes and court rules govern probate practice and intestacy distribution. You can review the state statutes online and search for terms such as “intestate,” “administration,” or “letters of administration” at the New Hampshire legislative website: https://www.gencourt.state.nh.us/rsa/html/. For forms and local procedures, consult the New Hampshire Judicial Branch: https://www.courts.state.nh.us/.

Common complications and how to handle them

• Multiple heirs want to serve: The court decides based on priority and suitability. Try to reach agreement to avoid contested hearings.
• Unknown or disputed heirs: The court may require more notice and delay distribution until heirs are identified.
• Creditor claims arise: Follow the court’s timetable for notice and adjudicate valid claims before distributing assets.
• Real property or business interests: These add complexity. The court may require appraisals and special handling; you may need professional help.

Helpful Hints

• Start with the probate court clerk: ask for the local petition form and a checklist of required documents.
• Gather key documents before filing: certified death certificate, decedent’s ID, deed or title documents, bank statements, and lists of known creditors and beneficiaries.
• Bring proof of relationship (birth certificate, marriage certificate, or other records) to establish standing as an heir.
• Be prepared to post a bond if the court requires it; the clerk will explain bonding rules and the estimated amount.
• Keep clear records and a separate estate bank account for all estate transactions; you will need these for accounting and final distribution.
• Consider consulting an attorney if the estate is large, has tax issues, real property, business interests, or if someone contests your appointment.
• Act promptly on paying urgent bills (mortgage, utilities) to avoid penalties; the court can authorize emergency steps if needed.
• Search carefully for a will: check safes, attorney files, and safety deposit boxes. A found will must be submitted to the court.