If you are an heir, beneficiary, or interested person in a New Hampshire estate and the person proposed or appointed as the estate’s personal representative is not sharing information about assets, debts, or estate paperwork, you have options. This guide explains how to protect your rights, compel disclosure, and ask the probate court for help under New Hampshire law.
Detailed answer: your rights and practical steps under New Hampshire law
Who can request information?
In New Hampshire, heirs, beneficiaries named in a will, and other interested persons generally have the right to ask the personal representative (administrator or executor) for information about the estate. The personal representative has duties to identify estate assets, safeguard them, and provide accounts to the probate court and interested persons.
Step 1 — Ask for the records in writing
Start by making a clear, written request for the information you want (accountings, inventory, deeds, bank statements, beneficiary lists). Send the request by certified mail or another trackable method and keep copies. A written request creates a record that you tried to resolve the problem without going to court.
Step 2 — If the representative has not yet been appointed
If the person is merely a proposed administrator (someone who is seeking appointment but not yet formally appointed), you can:
- Object to the appointment in probate court and explain the reason (e.g., noncooperation, conflict of interest, suspected mismanagement).
- Ask the court to require the proposed representative to provide documentation before appointment or to appoint a different representative.
Step 3 — If the representative is already appointed
Once someone is appointed, you can use the probate court to compel disclosure:
- Request an inventory and account. Personal representatives typically must file inventories and accountings with the probate court and provide interested persons with notice. If they refuse, you can file a motion with the probate court asking it to order the representative to produce the inventory and account.
- File a motion to compel production of documents. The probate judge has authority to order the production of estate records.
- Seek temporary court orders. If assets are at risk, you can ask the court for temporary injunctive relief or an order directing turnover or safeguarding of assets until the court resolves the dispute.
Step 4 — Ask the court to remove or replace the personal representative
If the personal representative is intentionally withholding documents, is incompetent, conflicts with the estate’s best interests, or is mismanaging assets, interested persons can petition the probate court for removal or substitution of the fiduciary. Grounds for removal typically include misconduct, failure to perform duties, lack of cooperation, or conflict of interest.
Step 5 — Consider civil remedies and criminal reporting
If you have evidence of theft, embezzlement, or conversion of estate assets, you can:
- Ask the court for an accounting and for recovery of missing assets in civil probate proceedings.
- Report suspected criminal conduct to local law enforcement or the county attorney. If assets were stolen, criminal investigation may follow.
Practical evidence to gather
Collect everything you can: copies of the will or petition, any prior communications with the proposed representative, bank statements, titles, deeds, tax notices, and receipts. Document dates, amounts, and recipients of any transfers you believe are improper.
Where to file and what rules apply
Most estate disputes and requests for accountings, inventories, and removal are handled by the probate court in the county where the decedent lived. The New Hampshire Judicial Branch’s probate pages explain local forms, filing procedures, and contact information: https://www.courts.state.nh.us/courts/probate/. For statute text and to research controlling law, use the New Hampshire Revised Statutes Annotated online: https://www.gencourt.state.nh.us/rsa/html/. Search the RSA for terms such as “personal representative,” “executor,” “administrator,” “account,” “inventory,” and “removal.”
When to hire an attorney
Consider hiring an attorney if the estate is large or complex, if the personal representative resists court orders, or if you suspect fraud or criminal activity. An attorney can prepare and file motions, gather evidence formally, request subpoenas, and represent you at hearings. If cost is a concern, ask potential attorneys about limited-scope representation (help with one motion or court appearance) or fee-shifting possibilities if the court awards costs against a wrongdoer.
Typical timeline and costs
Simple written requests may resolve the issue in days to weeks. Court motions, hearings, or removal proceedings usually take longer—weeks to several months—depending on the court’s calendar. Court fees and attorney fees vary; courts may award costs in some removal or misconduct cases, but you should not assume fees will be recovered.
Helpful Hints
- Put all requests in writing and keep copies and proof of delivery.
- Be specific about the documents you want (e.g., bank statements for X account covering dates Y–Z; deeds; life insurance policies).
- Document any suspicious transactions (dates, amounts, recipients) and preserve digital evidence—emails, text messages, images of checks or receipts.
- Meet procedural deadlines. If you wish to object to a proposed appointment, file timely objections with the probate court where the estate is pending.
- Use the probate court clerk as a resource: clerks can explain filing requirements and where to submit motions and forms.
- If you fear immediate loss of assets, ask the court for temporary emergency relief (a turnover or freeze order).
- If you suspect criminal conduct, contact law enforcement, but also pursue probate remedies to protect estate assets.
- If finances are limited, consider contacting legal aid organizations or asking attorneys about payment plans or limited-scope services.
Key resources: New Hampshire Probate Courts: https://www.courts.state.nh.us/courts/probate/. New Hampshire Revised Statutes Annotated: https://www.gencourt.state.nh.us/rsa/html/.
Final note and disclaimer: This article explains general options under New Hampshire law but does not provide legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.