Disclaimer
This article is for informational purposes and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.
Detailed Answer
To obtain letters of administration in New Hampshire, you must file a petition in the probate court of the county where the decedent last resided. Below is a list of the primary documents and forms required under New Hampshire law:
- Certified Death Certificate: A certified copy of the decedent’s death certificate showing the date and place of death.
- Petition for Letters of Administration: A completed petition form stating the decedent’s full name, residence, date of death, and that no valid will exists or no executor is available. See RSA 556:2 https://www.gencourt.state.nh.us/rsa/html/LVI/556/556-2.htm.
- Heirship Schedule: A list of all heirs with their names, mailing addresses, and relationships to the decedent. The court uses this schedule to identify interested parties.
- Surety Bond: A probate bond in an amount at least twice the value of the estate, unless all heirs agree to waive the bond. See RSA 556:3 https://www.gencourt.state.nh.us/rsa/html/LVI/556/556-3.htm.
- Inventory of Estate Assets: A preliminary inventory listing real and personal property with estimated values. Prepare this according to RSA 556:9 https://www.gencourt.state.nh.us/rsa/html/LVI/556/556-9.htm.
- Affidavit of Service: Proof that you served notice of the petition on all required parties, including next of kin.
- Renunciation or Consent Forms: If a nominated executor declines administration, include a renunciation form. If heirs waive the bond requirement, include their written consent.
After you file these documents and pay the filing fee, the court will schedule a hearing. Once the court approves your petition, it issues letters of administration, authorizing you to collect assets, pay debts, and distribute property.
Helpful Hints
- Contact the probate clerk in the county where the decedent lived to confirm required forms and fees.
- Use certified appraisals for high-value assets to support your inventory estimates.
- Serve heirs promptly to avoid scheduling delays.
- Review available probate forms on the New Hampshire Judicial Branch website: courts.state.nh.us/probate.
- Consider legal advice if the estate has complex assets, multiple jurisdictions, or disputes among heirs.