Detailed Answer
This article explains, in plain language, the common steps someone typically follows under New Hampshire law when they must administer a parent’s estate in one state and also deal with property located in another state. It covers the two common scenarios you may face and practical steps you can take now.
Two common scenarios
- Decedent domiciled in New Hampshire but owned property in another state. The main probate process generally occurs in New Hampshire. To clear title or transfer real estate or some accounts located in the other state you will likely need ancillary probate or other local procedures in that other state.
- Decedent domiciled in another state but owned property in New Hampshire. The primary probate usually occurs in the decedent’s domicile state. To transfer New Hampshire real estate or deal with NH-based assets you will normally need an ancillary probate administration in New Hampshire.
Step-by-step checklist (what to do first)
- Find the will and important documents. Locate the decedent’s will, death certificate, deed(s), bank statements, life-insurance policies, retirement accounts, and any powers of attorney. A will may name the personal representative (executor).
- Determine domicile (legal residence). Domicile controls where the primary probate should be filed. If the decedent’s permanent home was in New Hampshire, open the main estate here. If the permanent home was in another state, probate there is usually primary.
- Contact the appropriate probate court. If New Hampshire is the primary jurisdiction, contact the local New Hampshire probate court (the Probate Division of the NH Circuit Courts) for filing procedures and forms: https://www.courts.state.nh.us/probate/ . If another state is primary, contact that state’s probate court for its rules.
- File for appointment of a personal representative. The named executor in a will should petition the probate court for Letters Testamentary. If there is no will, an interested person petitions for appointment as administrator. In New Hampshire the probate court issues letters you will use to collect assets and act for the estate.
- Provide certified documents for out-of-state matters. To act in another state you generally need an exemplified (certified) copy of the New Hampshire Letters Testamentary or Letters of Administration and a certified death certificate. Other states will accept those certified documents to open an ancillary estate or to prove your authority to act.
- Decide whether ancillary probate is required for out-of-state property. – For real estate located outside the primary probate state: most states require an ancillary probate (a secondary proceeding) to transfer title. – For bank accounts, vehicles, or small personal property: some states permit transfer using a small‑estate affidavit or non-probate procedures if value falls below a statutory threshold. Check the other state’s rules.
- Inventory, value, and notify heirs/creditors. Prepare an inventory of estate assets, including the out-of-state property. Give notice to creditors and publish notice if required by the probate rules in the jurisdiction(s). The probate court will advise timing and required notices.
- Pay valid debts and taxes. Pay estate debts and funeral expenses in the order required by statute. New Hampshire does not impose a state estate or inheritance tax; confirm current tax rules with the New Hampshire Department of Revenue Administration: https://www.revenue.nh.gov/ . Also review potential federal estate tax obligations: https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax .
- Transfer property to beneficiaries. After debts and taxes are satisfied and the court approves final distributions, record deeds for real estate transfers, close bank accounts, and retitle assets as appropriate. For out-of‑state real property, follow the county recording and deed requirements where the property sits.
- Close the estate. File a final accounting and petition for discharge/closing with the probate court once distributions are completed. Keep copies of all filings and transfers.
Practical details you will run into
- Exemplified letters and certified death certificate: Most other states require an exemplified (court‑certified) set of letters proving your authority. The New Hampshire probate court can provide certified copies.
- Ancillary administration: This is usually a limited proceeding opened in the state where the out‑of‑state property is located. Its sole purpose is to deal with those assets. The requirements and cost vary widely by state.
- Small estate procedures: Many states allow simplified transfer (affidavit, transfer on death rules, or probate avoidance) when asset value is under a statutory cap. This can save time and avoid ancillary probate.
- Real estate transfer: For real property you will likely need to record a new deed in the county where the property is located. Title companies or local attorneys can confirm required documents.
- Timing: Probate timelines vary. Straightforward administrations may take a few months; complex or contested matters can take a year or more.
Where to find New Hampshire rules and forms
- New Hampshire Probate Division (procedures and local contacts): https://www.courts.state.nh.us/probate/
- New Hampshire Revised Statutes Annotated — general statute index (search probate, wills, estates): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
- New Hampshire Department of Revenue Administration (tax questions): https://www.revenue.nh.gov/
Example (hypothetical) to illustrate
Suppose your parent died domiciled in New Hampshire and left a house in another state. You would:
- Locate the will and ask the New Hampshire Probate Court to issue Letters Testamentary.
- Obtain certified Letters and the death certificate from the New Hampshire court.
- Contact the probate court in the state where the house sits to learn whether ancillary probate or a small‑estate procedure is required.
- If ancillary probate is required, file the NH Letters with that state’s court, follow its steps to transfer the house (or authorize sale), and record the deed where the property is located.
- Complete the NH probate accounting and close the New Hampshire estate once all assets (including proceeds from the out‑of‑state property) are distributed.
Helpful Hints
- Start by confirming domicile — it determines where primary probate belongs.
- Gather documents early: will, deed, financial statements, life insurance, beneficiary designations, vehicle title, Social Security number, and death certificate.
- Look for non‑probate pathways first (joint ownership, POD/TOD accounts, payable‑on‑death, beneficiary designations). These avoid probate for those assets.
- Get exemplified Letters and several certified death certificates — you will need them for banks, title companies, and out‑of‑state courts.
- Contact the probate court in the state where the property is located to confirm whether ancillary probate or a small‑estate affidavit applies and to get local forms or requirements.
- If the other state’s rules are unclear or the estate is significant or contested, consider hiring a local attorney in that state for the ancillary matter and a New Hampshire probate attorney for the primary estate.
- Keep careful records and receipts for every expense and distribution; the probate court will expect an accounting.
- Check deadlines for creditor claims and required notices in both jurisdictions so you do not miss time limits.
Final notes and next steps
If you are uncertain about how to proceed—especially if the out‑of‑state property is real estate, if beneficiaries dispute the will, or if taxes may be owed—consult a probate attorney in New Hampshire and, if necessary, in the other state. A local probate attorney can explain filing requirements, prepare required documents, and help reduce delays and mistakes.
Disclaimer: This article explains general principles under New Hampshire law and provides educational information only. It is not legal advice and does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed attorney in the relevant state.