Protecting Your Inheritance in New Hampshire: What to Do If a Family Member Contests the Estate

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Can I protect my inheritance in New Hampshire if a family member contests the estate?

Short answer: Yes—there are practical steps you can take right away to protect an inheritance in New Hampshire, but many protections are time‑sensitive. Acting quickly, preserving documents and evidence, and consulting a probate attorney in New Hampshire are the most important first steps.

Detailed answer — what you need to know

This section explains the probate-contest process in plain language and describes legal and practical steps you can take under New Hampshire law to protect an inheritance when someone threatens a will or estate contest.

1. Understand what a will contest is

A will contest is a legal action brought in probate court to challenge the validity of a will or to challenge how an estate is being administered. Common grounds for a contest include claims the decedent lacked capacity, the will was the product of undue influence or fraud, improper execution, or that a different document is the true will.

2. Where contests happen and who to contact

Contests and estate administration take place in the New Hampshire Probate Courts. For general information about probate procedures and court locations, see the New Hampshire Judicial Branch, Probate Division: https://www.courts.state.nh.us/probate/

If you learn someone is planning to contest a will, contact a New Hampshire probate attorney immediately. Probate timelines and local court practices can be short and strict, so early counsel matters.

3. Immediate steps to protect the estate and your inheritance

  • Secure the original will and key documents: The original will is central to any probate. Keep it safe or turn it in to the Register of Probate for the county if appropriate.
  • Gather evidence early: Collect copies of the will(s), codicils, trusted correspondence, medical records that relate to capacity, bank records, and lists of witnesses. Preserve emails, texts, and notes from conversations.
  • Document witnesses: Make a short written list of anyone who witnessed the will signing or was present for relevant conversations.
  • Preserve assets and records: Don’t allow assets to be transferred or dissipated while a contest may be pending. If transfers are suspected, tell your attorney right away.
  • File or respond promptly: Probate courts have strict timing rules for filing a contest or for objecting to an estate accounting or petition. If you are an interested party, don’t miss deadlines; ask a lawyer to calendar them for you.

4. Legal routes a person inheriting should consider

Depending on your situation, an attorney may recommend one or more of these actions:

  • Respuesta in probate court: If someone files a contest, you will need to defend the will and the probate process in the Probate Court. Evidence and witness testimony matter.
  • Petition for preliminary relief or injunction: If a party tries to drain assets or transfer property to frustrate the estate, the court can be asked to freeze assets or prevent transfers while the dispute is decided.
  • Counterclaims and declaratory relief: The estate or beneficiaries can ask the court to declare the will valid or to remove an executor if there is misconduct.
  • Settlement and mediation: Many disputes settle. Mediation can reduce cost and delay while protecting some or all of an inheritance.

5. Preventative estate-planning strategies (for people planning now)

If you are planning your own estate and want to reduce the risk of post-death contests, consider:

  • Use a trust when appropriate: Properly funded trusts can avoid probate, which reduces the chance and forum for some will contests. However, trusts can also be challenged on similar legal grounds if not properly executed.
  • Clear execution and witnesses: Follow statutory formalities when signing wills or trusts and use independent witnesses and a notary if state law recommends it.
  • Capacity documentation: If there is concern about later challenges to capacity, have medical evaluations and a clear record at the time of signing.
  • Consider no-contest (in terrorem) clauses: Many estates include clauses that penalize challenges. These clauses can discourage meritless contests, though their enforceability varies by state and by the contest’s basis.
  • Use beneficiary designations and TOD/POD transfers: Assets that pass by beneficiary designation (life insurance, retirement accounts) or by transfer-on-death designation bypass probate—but those transfers can still be subject to dispute in some circumstances.

6. How New Hampshire law and courts factor in

New Hampshire handles will probate, contests, and estate administration through its Probate Courts. The New Hampshire Revised Statutes and the Probate Court rules set the process and timelines for filing a will for probate, giving notice to interested persons, and for bringing contests. For statutes and rules applicable in New Hampshire, see the New Hampshire Revised Statutes Online home page and the Probate Court pages:

  • New Hampshire Revised Statutes Online: https://www.gencourt.state.nh.us/rsa/html/
  • New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/probate/

Because statutes and local rules control filing deadlines, notices, and evidentiary standards, talk to a local attorney as soon as possible to learn the precise statutory timelines that apply to your matter.

7. What evidence matters in a contest

Courts consider whether the decedent had mental capacity when signing the will, whether the decedent acted free of undue influence or fraud, and whether the will was executed according to statutory formality requirements. Documentation of visits with the testator, contemporaneous medical notes, witness testimony, and financial records can all be important.

8. Practical considerations about costs and timing

Will contests can be expensive and take many months or years. Courts sometimes encourage (or require) parties to try mediation before trial. An attorney can evaluate the strength of a contest and whether settlement makes sense.

9. When to hire an attorney

Hire a probate attorney if you are named in a will; if a will has been filed for probate; if someone threatens a contest; or if you suspect fraud or improper transfers. A lawyer will preserve deadlines, advise on temporary relief, gather evidence, and represent you in court or in settlement talks.

Helpful Hints

  • Act immediately — probate deadlines are strict. Even a short delay can forfeit your right to challenge or defend an estate.
  • Secure the original will and all estate documents. Originals matter more than copies.
  • Keep clear records: dates, times, witnesses, and copies of communications. Digital screenshots and metadata can help preserve evidence.
  • Don’t discuss case strategy or post details on social media — those communications can be used in court.
  • Ask the Register of Probate whether the will has been filed and whether any petitions or notices are already on file.
  • Consider mediation early to limit costs and loss of inheritance to litigation expenses.
  • If you’re planning your own estate, use clear, routine formalities, document capacity, and consider funding a trust when appropriate to reduce probate exposure.
  • When someone seeks to move assets out of reach, ask your attorney about asking the court for emergency (temporary) relief to preserve the estate.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It explains common legal concepts under New Hampshire probate practice but cannot replace advice from a qualified New Hampshire probate attorney. If you face a real dispute, consult a licensed attorney promptly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.