Detailed Answer — How to review and correct missing or incorrect probate filings in a New Hampshire estate
Short answer: Start by obtaining and reviewing the probate court file and docket for your father’s estate, document any missing or incorrect entries, raise the issue with the personal representative (executor) in writing, and, if needed, file a written objection or petition with the Probate Division of the New Hampshire Circuit Court asking the court to correct the record, compel an accounting, or reopen the estate. If the problem is complicated or the personal representative resists, you should consult a probate attorney.
1. What records to obtain and how to obtain them
Probate proceedings in New Hampshire are public court matters. The first practical step is to get the case number and review the official court file and docket entry for the estate. That file includes petitions, the will (if filed), Letters Testamentary or Letters of Administration, inventories, accountings, notices to creditors, and any orders or motions.
- Contact the Probate Division clerk in the county where the estate was opened. Find court locations and general probate information at the New Hampshire Judicial Branch: https://www.courts.state.nh.us/courts/probate/index.htm.
- Ask the clerk for the docket sheet and for copies of all filings. Expect small copying fees; many courts also provide certified copies for a fee.
- If you do not know the county, search online for probate dockets or ask the clerk to search by decedent name and date of death.
2. What to look for when you review the file
Carefully compare the court file contents with what you know about your father’s estate. Key items to check:
- Was the will (if any) actually filed and admitted to probate? Is the version in the file complete and signed?
- Are Letters Testamentary or Letters of Administration issued and signed by the judge or clerk?
- Is an inventory of assets present, and does it list major assets (real estate, bank accounts, retirement accounts, life insurance, personal property)?
- Have required notices to creditors and heirs been given or filed?
- Are there accountings filed by the personal representative showing receipts, disbursements, and distributions?
- Are there court orders you do not recognize, or dismissals or final decrees entered without notice?
3. Common filing problems and usual corrections
- Missing will: If the will was not filed but you have a copy, you can file a petition to admit the will to probate. Keep the original if possible. The court will need an explanation for the delay and notice to interested parties.
- Incomplete or incorrect inventory: The personal representative should amend the inventory. If they refuse, interested persons can ask the court to order an amended inventory or compel disclosure.
- Missing or late accountings: You can request a formal accounting from the personal representative. If the representative won’t provide it, you can file a motion to compel an accounting.
- Clerical errors in filings (typos, names, or docket mistakes): The court can correct clerical errors by motion or order once brought to its attention.
- Unauthorized distributions: If assets were distributed improperly, you can ask the court to freeze distributions, order a surcharge against the personal representative, or seek removal of the personal representative.
4. The procedural steps to correct errors in the probate record
- Document the problem precisely: note docket entries, filing dates, and attach copies of the filings you believe are missing or incorrect.
- Communicate in writing with the personal representative (copy the court file or docket entries). Request correction or an explanation and set a reasonable deadline.
- If there is no resolution, file a written objection, motion to compel, motion to correct record, or petition to reopen the estate with the probate clerk. State the relief requested and the facts supporting it. The clerk can tell you local filing requirements and fees.
- The court will usually set a hearing. Attend the hearing and be prepared to present evidence (documents, declarations, witnesses).
- If urgent harm is occurring (assets being dissipated), ask the court for emergency relief such as an order to restrain distributions or to appoint a temporary receiver.
5. Statute and resource references
New Hampshire law governs probate procedure and the duties of personal representatives. For general statutory guidance and to find the specific probate-related statutes, consult the New Hampshire Revised Statutes Annotated (RSA) and the Probate Division pages:
- New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/courts/probate/index.htm
- New Hampshire Revised Statutes (RSA) — statutes index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html. Use this index to locate statutes on estates, fiduciary duties, inventories, accountings, and hearings.
6. When to get help from an attorney
Talk to a probate attorney if any of the following apply:
- There appear to be substantial missing assets or improper distributions.
- The personal representative refuses to provide an accounting or to correct filings.
- There is a dispute among heirs or potential heirs about the will or distributions.
- You need to prepare and file motions, petitions, or emergency relief with the court.
An attorney can draft pleadings, represent you at hearings, evaluate deadlines and statutory remedies, and advise whether removal of a personal representative or a surcharge action is appropriate.
7. Practical timeline and deadlines (general guidance)
Probate actions involve procedural deadlines for notice to creditors and for filing objections. The exact timing depends on the type of proceeding and filings already made. If you suspect a filing deadline has passed, obtain the court docket immediately and consult counsel — some remedies exist even after distributions if there was misconduct.
Helpful Hints
- Bring identification and any proof of relationship (birth certificate, family documents) when you request files from the clerk.
- Ask the probate clerk for the estate’s case number — it speeds up record searches.
- Make a written timeline of events (date of death, date estate opened, known filings and distributions) to present to the court or an attorney.
- Keep all communications with the personal representative in writing and retain copies.
- Request certified copies of key documents (letters, orders) if you need to present them to banks or title companies.
- If dealing with an uncooperative personal representative, file a motion to compel an accounting rather than relying solely on informal requests.
- Use court-provided forms as a starting point and confirm local requirements with the clerk. Probate forms and general guidance are available at the New Hampshire Judicial Branch probate pages listed above.
Disclaimer: This article explains general information about New Hampshire probate procedures and is not legal advice. Laws change and every situation is different. For advice about a specific estate or to prepare filings for the court, consult a licensed attorney in New Hampshire.