Detailed answer — what to know and the steps to take

If you handled a decedent’s affairs under a family allowance (sometimes called a “year’s allowance” or similar advance for spouse/children) and that allowance or other interim distributions reached a statutory or practical cap, you may need to change course and pursue formal probate or a small‑estate procedure in New Hampshire. The exact steps depend on two main facts:

1. the total value of the decedent’s assets (net of secured debts); and
2. whether anyone already applied for or received appointment as personal representative (executor/administrator), or whether you used the family allowance without court authorization.

New Hampshire handles estates through the state’s probate courts. The courts offer different procedures depending on estate size and complexity. If the estate qualifies for a small or simplified procedure, you may be able to close the estate with less paperwork and no formal administration. If not, you will likely need to open formal probate administration and obtain letters testamentary or letters of administration from the probate court.

Step‑by‑step: How to proceed

1. Stop and gather documents. Get the death certificate, any will, bank statements, account titles, vehicle titles, deeds, beneficiary designations, and documentation of any family allowance or other distributions already paid. Keep receipts and records showing amounts distributed so the court can see what has been paid from the estate.
2. Figure the estate’s total personal‑property value and debts. Small‑estate eligibility turns on the value of assets subject to probate (not necessarily every asset, and not assets that pass outside probate via beneficiary designation or joint tenancy). Make a conservative inventory: list cash, bank accounts in the decedent’s name, securities, household goods with approximate values, and any probateable real property.
3. Confirm whether the estate qualifies for a small‑estate affidavit or summary procedure. New Hampshire probate courts have streamlined procedures for smaller estates. Eligibility thresholds and exact procedures can vary by statute and by local practice. Contact the probate court clerk in the county where the decedent lived to learn the current small‑estate threshold and the forms to use. New Hampshire court and statute resources: the Probate Division of the New Hampshire Judicial Branch (https://www.courts.state.nh.us/probate/) and the New Hampshire Revised Statutes Annotated online (https://www.gencourt.state.nh.us/rsa/html/).
4. If a small‑estate affidavit is available and you qualify, prepare and file it. A small‑estate affidavit (or similar summary petition) typically requires: identification of the decedent, a statement of value of probate assets, an affidavit that no formal administration is open, an affidavit of entitlement (who is entitled under the will or by intestacy), and sworn signatures. The court or clerk will tell you whether a hearing, notice to creditors, or filing fees apply.
5. If you do NOT qualify for small‑estate procedures, or if someone already received a family allowance exceeding applicable limits, file for formal probate administration. That means submitting a petition for probate of the will (if there is one) or a petition to appoint an administrator if there is no will. Attach your inventory, list distributions already made (including any family allowance), and request issuance of letters so the appointed representative can collect assets, pay debts, and provide a formal account to the court.
6. Account for the family allowance or other interim distributions in your filings. If you already paid an allowance or advance to a spouse, minor children, or other dependent, include those amounts in your inventory and accounting. The court will treat those disbursements as estate transactions that must be reconciled against final distributions. If the payments exceeded statutory allowances or estate resources, the court can direct how to adjust final distributions.
7. Notify interested parties and creditors as required. Small‑estate procedures sometimes relax creditor notice requirements, but you must follow the court’s rules. Formal administration always requires creditor notice and an opportunity for claims. Failing to notify creditors can expose the personal representative to liability.
8. Ask the court clerk or a probate attorney for procedural help. Probate clerks can often confirm whether a small‑estate procedure applies and which forms to use. If the situation is complicated — for example, disputed beneficiaries, significant debts, property that doesn’t qualify for summary distribution, or prior distributions that may exceed allowance limits — an attorney can prepare filings and protect you from liability.

Key points about switching mid‑process

• If you reached a family allowance cap (or a practical limit), you can still seek a small‑estate procedure only if the estate otherwise meets the court’s small‑estate criteria. Prior distributions do not necessarily disqualify the estate, but the court must be able to reconcile what has been paid with the final distributions.
• If prior distributions exceed the estate’s resources or statutory allowances, the court may require a formal accounting and could order repayment or adjustment among beneficiaries.
• Timeliness matters: certain actions (like creditor claims and deadlines to open formal administration) run on fixed schedules. Don’t delay contacting the probate court or counsel.

Because threshold amounts, forms, and local procedures change, check with the probate clerk where the decedent lived for the precise small‑estate rules that apply to your case. The New Hampshire judicial website is a good starting point: https://www.courts.state.nh.us/probate/. For statutory text, see the New Hampshire RSA index: https://www.gencourt.state.nh.us/rsa/html/.

Helpful hints

• Document everything. Keep written records for any allowance or distribution you already made from estate funds.
• Check beneficiary designations and jointly‑titled accounts — many assets pass outside probate and do not count toward a small‑estate threshold.
• Contact the probate clerk early. Clerks can confirm whether a small‑estate affidavit applies and provide the correct forms and fee schedule.
• Be conservative when valuing assets. Under‑valuing can create problems later with creditors or beneficiaries.
• If you served a family allowance without court permission, report it to the probate court when you file; transparency reduces the chance of disputes and personal liability.
• Consider at least a brief consult with a New Hampshire probate attorney if the estate includes real property, business interests, contested claims, or if prior distributions approach or exceed statutory allowances.
• Watch deadlines for creditor claims. Even in small estates, creditor rights can affect available funds and distribution plans.
• If in doubt, file a simple petition for administration. Formal administration gives the court authority to resolve disputes and protect the person who handles the estate.