What “probate without administration” looks like in New Hampshire and how it transfers real estate under a will

Short answer: In New Hampshire, transferring real property under a decedent’s will generally requires admitting the will to probate and giving the person named as personal representative (executor) authority to act. In many cases the probate is limited or straightforward (sometimes called probate without full administration), but the court still issues authority (letters testamentary) so the executor can sign and record a deed that conveys title. This article explains the common steps, documents, and issues to expect.

Disclaimer

I am not a lawyer and this is not legal advice. This article explains general New Hampshire probate concepts to help you understand when you may need a lawyer and what to expect. Consult a licensed New Hampshire attorney or your local probate court for advice about a specific case.

How title to real property is usually transferred when there is a will

When someone dies owning real estate in New Hampshire and leaves a will, title to that property normally passes according to the terms of the will. To make that transfer effective against third parties (and to allow the deed to be recorded at the county registry of deeds), the will is usually presented to the probate court in the county where the decedent lived. The court must admit the will to probate and identify the person entitled to act as the decedent’s personal representative (executor). The court’s action and the letters (letters testamentary) give the executor the legal authority to convey the property by executing a deed.

Probate vs. Administration — what people mean by “without administration”

People sometimes use “probate without administration” to describe a simple or summary probate process where the estate does not go through a prolonged formal administration (no prolonged inventory or appointment of an administrator for creditor settlement). In practice in New Hampshire that usually means:

• The will is admitted to probate (probate court files it).
• The court issues letters testamentary to the named executor.
• The executor uses the court-issued authority to sign and record deeds and perform other simple tasks required to transfer property and settle the estate.

Even in simple cases, the court must be involved to admit the will and issue letters; you generally cannot transfer titled real estate solely by producing a will at the registry of deeds.

Typical step-by-step process

1. Find the original will and death certificate. The person named as executor locates the original will and obtains the decedent’s death certificate from the Vital Records office.
2. File a petition to probate the will. File the original will and a petition with the probate court in the county where the decedent was domiciled. The petition asks the court to admit the will to probate and to issue letters testamentary or letters of appointment. Check the local probate court’s website or clerk for required forms and fees. (See New Hampshire Judicial Branch: Probate Court information: https://www.courts.state.nh.us/probate/ and the state statutes at https://www.gencourt.state.nh.us/rsa/html/.)
3. Court review and notice. The probate court reviews the will and the petition. The court may require notice to interested persons and may set a short period for contest or creditor claims, depending on the situation and local rules.
4. Issuance of letters testamentary. If the court admits the will and appoints the named executor, it issues letters testamentary (a certified court document) that formally authorizes the executor to act for the estate.
5. Executor prepares deed and other closing documents. The executor prepares and signs a deed conveying the real estate to the beneficiary named in the will (or to multiple beneficiaries if the will divides the property). The deed should recite that the transfer is by authority of the probate court and is executed by the executor under letters testamentary. Obtain a certified copy of the probate order and the letters to record with the deed.
6. Record the deed at the county registry of deeds. Take the signed deed and a certified copy of the letters testamentary (and any required affidavits or tax forms) to the registry of deeds in the county where the property is located. The registry will accept and record the deed, which updates public title records.
7. Handle remaining estate tasks. Even if there is no formal, lengthy administration, the executor must still handle creditor notices (when required), pay valid claims and taxes, and distribute assets according to the will. In many simple estates these steps can be short and straightforward; in others you may need full administration.

Documents you will typically need

• Original will (signed by the decedent).
• Certified copy of the decedent’s death certificate.
• Petition to probate and any local probate forms (filed in the county probate court).
• Letters testamentary or letters of appointment (certified copy issued by the court).
• Executor’s deed or administrator’s deed conveying the property.
• Any affidavits required by the county registry of deeds (requirements vary by county).

When probate without full administration is possible — typical scenarios

Probate without a formal administration is often possible when:

• The will names an executor and the estate’s assets are simple and sufficient to cover debts.
• There is little or no conflict among beneficiaries and no will contest is anticipated.
• The decedent’s only real property needs to be conveyed and there are no complex creditor claims.

Common complications that make full administration necessary

Some situations require a full administration (appointment of an administrator, inventory, notice to creditors, possible sale of real estate):

• There are unresolved creditor claims or significant unpaid debts.
• The estate does not have sufficient liquid assets to pay debts and expenses without selling land.
• Disputes among heirs or a likely will contest.
• Real property is held in a manner that complicates transfer (e.g., tenancy in common with disputes, title defects, unresolved mortgage/lien issues).

Practical tips and helpful links

• Contact the county probate court clerk where the decedent lived as soon as possible. Local clerks provide forms, filing instructions, and fee schedules. Search: New Hampshire Probate Courts — https://www.courts.state.nh.us/probate/
• Request certified copies of the letters testamentary and the probate order. Most registries of deeds require a certified copy to record a deed by an executor.
• Check the county registry of deeds for recording requirements and recording fees in the county where the property sits.
• Find New Hampshire statutes and rules relating to wills and probate at the official RSA site: https://www.gencourt.state.nh.us/rsa/html/
• If the estate is small or facts are uncomplicated, a probate court clerk or a lawyer experienced in estates can often walk you through a limited or simplified probate process.

When to consult an attorney

Talk with a New Hampshire estate or probate attorney if any of the following apply:

• There are creditors or potential claims against the estate.
• The will is contested or unclear.
• Title to the property is defective or there are liens/mortgages that must be resolved.
• Multiple jurisdictions are involved (real property in a different state, or decedent domiciled elsewhere).

Helpful Hints

• Do not attempt to record a deed transferring real property using only a will. The registry of deeds will usually require proof of probate and letters testamentary.
• Get multiple certified copies of probate orders and letters — you will need them for banks, the registry, and other entities.
• If the property has a mortgage, contact the lender early. Mortgages survive death and must be paid or assumed; the lender can explain payoff or assumption procedures.
• If the will names more than one beneficiary for real estate and they cannot agree, the estate may require sale or partition — consult an attorney.
• Be mindful of deadlines for creditor claims and tax filings; local rules vary and missing deadlines can create personal liability for an executor.

For further information, start with the New Hampshire Judicial Branch — Probate Court page: https://www.courts.state.nh.us/probate/ and consult the New Hampshire Revised Statutes at https://www.gencourt.state.nh.us/rsa/html/.