New Hampshire: Using a Small Estate Affidavit Instead of Formal Probate

Detailed Answer

Short answer: New Hampshire does not have a single, statewide “small estate affidavit” that automatically replaces probate in every intestate case. In practice, some banks and companies will release small account balances to an heir or surviving spouse on the basis of an affidavit or their internal form, but other assets (especially real estate or assets held by institutions that require court authority) usually require formal probate or an appointment of a personal representative through the Probate Court.

Below is a clear explanation of how to handle an intestate estate that appears small under New Hampshire law, what a small-estate affidavit can and cannot do in this state, and practical next steps.

How New Hampshire treats “small” intestate estates

New Hampshire law does not provide a single, universal shortcut that lets heirs collect all estate property simply by filing one statewide “small estate affidavit” that bypasses the Probate Court in all cases. Instead, you will see two common realities in New Hampshire:

Some banks, brokerage houses, and insurance companies have internal policies or vendor forms that allow them to release relatively small account balances to a claimant who signs an affidavit and provides a death certificate. Those releases are contractual with the institution, not a substitute for probate court authority.
When an asset holder will not release property without court authority (for example, because the asset is real estate, a vehicle with title issues, or financial accounts above the institution’s internal threshold), you generally must open an estate in the Probate Court and ask the court to appoint a personal representative (administrator) or to admit a will if one exists. That appointment gives the representative formal authority to collect estate assets, pay debts, and distribute the estate under New Hampshire intestacy rules.

When a non-court affidavit may work

An affidavit (sometimes called a small-claim affidavit, affidavit of heirship, or an institutional release form) may work without court action if:

The asset holder’s written policy allows release based on the affidavit;
The account balance or asset value falls within that institution’s allowed limit;
There are no competing claimants or unresolved creditor issues; and
The heir can prove identity and the heirship facts the institution requires.

When you need to involve the Probate Court

You will very likely need formal probate in New Hampshire if any of the following are true:

The estate includes real estate or titled vehicles that require clear title transfer;
Financial institutions refuse to release funds without Letters Testamentary or Letters of Administration;
There are unpaid debts or potential creditor claims that must be administered; or
There is dispute among potential heirs or more than one person claiming the same asset.

How intestacy affects the process

If the decedent died intestate (without a will), New Hampshire intestacy rules determine who inherits and in what shares. If you cannot obtain releases from institutions by affidavit, the Probate Court will appoint an administrator under New Hampshire probate procedures to collect assets and distribute them according to the state’s intestate succession rules. For primary resources on New Hampshire statutes and Probate Court procedures, use the New Hampshire Revised Statutes and the New Hampshire Judicial Branch probate pages:

Practical example (hypothetical facts)

Suppose a person who lived in New Hampshire dies without a will, leaving a checking account with $3,200 at Bank A and one unimproved parcel of land. Bank A’s policy permits release of small balances up to $5,000 if an heir brings a death certificate and signs the bank’s affidavit form. The land must be transferred by probate to clear title. In this case, the heir can likely obtain the bank funds using the bank’s affidavit, but they will need to open a probate case (or otherwise obtain court authorization) to transfer the land and complete full administration if the land has value or liens.

Steps to take right now

Collect the decedent’s documents: death certificate, account statements, deed and title documents, and any insurance policies.
Contact each financial institution and ask whether they will release funds on their affidavit or internal form and what identification and documentation they require.
Call the local Probate Court clerk (New Hampshire Judicial Branch Probate Court) and explain the estate facts. The clerk can tell you whether a simple, informal appointment is possible given the estate’s size and assets and can direct you to the forms you may need.
If an institution refuses to release assets without court authority or if the estate contains real property, file for appointment of an administrator with the Probate Court. The court’s appointment creates the formal authority necessary to deal with reluctant holders and to resolve creditor claims.
If unsure about disputes, complex property (e.g., business interests, multi-state assets), or creditor issues, talk to an attorney experienced in New Hampshire probate and intestate succession before taking action.

Helpful Hints

Don’t assume an institution will follow another state’s rules — ask each bank, broker, and company for its New Hampshire-specific procedures.
Even if you obtain funds by affidavit, keep careful records and copies of everything. Creditors may still have claims against the estate that could affect distributions.
If the estate includes property in another state, that state’s law may control transfer of that property.
If multiple people claim the same asset, do not accept or distribute the asset without court authority.
Probate court clerks can provide forms and procedural information but cannot give legal advice about choices or disputes.

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