Detailed Answer — What to do in New Hampshire

This article explains, in plain language, the common steps beneficiaries use under New Hampshire law when an executor (personal representative) will not pay a cash bequest. This is educational information only and not legal advice.

1. Confirm the basic facts

• Confirm the decedent’s will or intestacy rules names you as a beneficiary for a cash bequest.
• Get a copy of the will and any filed probate documents from the Probate Division of the New Hampshire courts. The Probate Division’s pages and forms are at the New Hampshire Judicial Branch: https://www.courts.state.nh.us/probate/.
• Find out whether the estate is open in probate and who the court-appointed personal representative (executor/administrator) is. The probate docket will show filings, inventories, and accountings if any have been filed.

2. Make a formal written demand

Start by sending a written demand to the personal representative. State that you are a beneficiary, cite the bequest in the will, ask for an accounting or payment of the cash bequest, and request a response by a specific reasonable date (for example, 14–30 days). Send the demand by certified mail and keep proof of delivery.

3. Review whether an estate accounting or inventory is required

Under New Hampshire probate practice the personal representative must collect estate assets, pay valid debts and taxes, and distribute the residue according to the will or law. Beneficiaries commonly have a right to see the estate inventory and accountings filed with the probate court. If no accounting or inventory has been filed, you can request one from the probate court or petition the court to order the executor to file the required documents. Helpful probate information and forms are on the Judicial Branch site: https://www.courts.state.nh.us/probate/.

4. Petition the probate court

If the executor ignores written demands, the usual next step is to file a petition in the probate court that has jurisdiction over the decedent’s estate. Common petitions include:

• Petition to compel an accounting or production of estate records.
• Petition for turnover if the executor is withholding a specifically bequeathed cash amount.
• Petition to surcharge or hold the personal representative accountable for losses or improper distributions.
• Petition for removal of the personal representative for cause (e.g., breach of fiduciary duty, failure to act, self-dealing).

The probate court can hold hearings, order the executor to perform duties, require the executor to post bond, order payments, or remove the executor and appoint a successor who will carry out distributions.

5. Consider interim remedies

If payment is urgent and the executor is not cooperating, the court can sometimes grant short-term relief such as ordering the executor to pay a specific bequest from liquid estate funds, or appointing a temporary administrator. Ask the probate clerk about emergency or expedited petitions on the local docket.

6. Check bonds and potential personal liability

Executors in New Hampshire may be required to post a bond as security for faithful performance, unless the will waives bond. If the executor mishandled funds and was not bonded, or exceeded authority, a court may hold them personally liable and surcharge them for losses. You can ask the court to require a bond or to hold the executor personally responsible for withheld funds.

7. Use alternative dispute resolution when appropriate

Mediation or settlement discussions can be faster and less costly than litigation. Many courts encourage or require mediation in contested probate matters. Consider whether a neutral mediator or a family meeting with counsel could resolve the dispute quickly.

8. Consider criminal or civil claims if theft or fraud is suspected

If you have evidence the executor intentionally stole estate funds, you can report the conduct to law enforcement for a criminal investigation in addition to pursuing remedies in probate court. Separately, you may have a civil claim against the executor for conversion, breach of fiduciary duty, or fraud. Discuss these options with an attorney before proceeding.

9. When to hire a lawyer

If the executor refuses to cooperate after written demand, or if the estate files show missing funds, hiring a probate attorney experienced in New Hampshire probate litigation is usually prudent. An attorney can prepare, file and argue petitions, request sanctions, and advise on fees and likelihood of recovery. If the estate is small you should also discuss small-estate procedures and cost-effective strategies with counsel.

Key legal resources

• New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/probate/
• New Hampshire Revised Statutes (RSA) — online statutes: https://www.gencourt.state.nh.us/rsa/html/

Bottom line: Start with a written demand and request files from the probate docket. If the executor still refuses, file a petition in the New Hampshire probate court to compel an accounting, seek turnover, request removal, or obtain other relief. If theft or serious misconduct is suspected, consider both civil probate remedies and criminal referral. Because probate procedure and remedies are technical, consult a New Hampshire probate attorney for tailored advice.

Disclaimer: This information is educational and does not constitute legal advice. For legal advice about your specific situation, contact a licensed attorney in New Hampshire.

Helpful Hints

• Get a certified copy of the decedent’s death certificate early — the executor and the probate court will both require it.
• Request copies of filed probate documents from the Probate Division online or from the court clerk so you know what’s already on the record.
• Send all written demands by certified mail and keep copies of everything: letters, certified mail receipts, emails, and any responses.
• Keep an organized timeline of interactions with the executor: dates you requested information, dates of phone calls, and any refusals.
• Ask the court clerk which forms and procedures apply for your county; probate procedures can vary by local practice even though the law is statewide.
• If the executor is a family member, consider mediation first to preserve relationships — but set a firm deadline for a court petition if mediation fails.
• If the estate appears insolvent, a cash bequest may be reduced or eliminated after valid debts and expenses are paid. Ask the executor for the estate’s inventory and creditor list to confirm available funds.
• Check whether the will waived bond. If no waiver exists, you can ask the court to require the executor to post bond to protect beneficiaries.
• Ask about attorney’s fees: the court can sometimes award fees against the estate or against a misbehaving executor who caused unnecessary litigation.
• Act promptly. While exact timelines vary by claim type, longer delays can make recovery harder and allow distributions to proceed that may be difficult to unwind.