Disclaimer: This article is for educational purposes and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney in New Hampshire.
Detailed Answer
Under New Hampshire law, bank accounts owned by a decedent become part of the estate and must be secured pending probate. When co-heirs refuse to cooperate, you need court authorization to freeze or control those funds. The main approaches are:
1. Full Probate Administration
You must file a Petition for Probate with the Probate Division of the New Hampshire Superior Court in the decedent’s county. Per RSA 551:3, any interested person may petition to be appointed as personal representative. The petition package typically includes:
- Certified death certificate
- Copy of the decedent’s will (if available)
- List of all known heirs
After a hearing, the court issues Letters of Administration (RSA 551:4), which is a certified order appointing the personal representative. Present these Letters and a certified death certificate to the bank. The bank will then freeze the accounts and release funds only to the personal representative under the court’s direction.
2. Small Estate Affidavit (Summary Administration)
If the total personal property (excluding real estate) in New Hampshire does not exceed $25,000, an heir may use the summary procedure under RSA 556:7. One heir prepares and files a Small Estate Affidavit with the court, usually including:
- Certified death certificate
- An affidavit identifying all heirs and stating the estate’s value
Once the court records the affidavit, present a certified copy to the bank. The bank must then freeze or release funds in accordance with the affidavit, even without signatures from all co-heirs.
3. Injunctive Relief
In urgent cases or when assets risk dissipation, you may petition the court for injunctive relief directing the bank to freeze accounts immediately. This usually involves filing a motion for a temporary restraining order or preliminary injunction in the Probate Division or Superior Court.
Helpful Hints
- Obtain multiple certified copies of the death certificate.
- Verify whether the estate qualifies as a “small estate” under RSA 556:7.
- Check your county’s Probate Division website for local forms and fee schedules.
- Confirm the bank’s specific requirements—many have internal affidavit forms.
- Maintain all court orders and certified documents in a secure file.
- Consult a probate attorney if co-heirs remain uncooperative or estate value exceeds the small estate limit.