Detailed Answer
This FAQ explains what documentation New Hampshire probate courts typically require to prove you are the decedent’s next of kin and to qualify as administrator when reopening an estate. It summarizes common evidence, the reopening process, and practical steps to prepare. This is general information only and not legal advice.
Who may serve as administrator in New Hampshire?
The probate court appoints an administrator when an estate has no executor named in a valid will, or when an executor is unable or unwilling to serve. The court generally gives preference to persons with the closest legal relationship to the decedent (for example, surviving spouse, adult children, parents, siblings), but it will consider other factors such as the nominee’s fitness, availability, and whether other heirs contest the appointment. To begin the process you file a petition with the probate court in the county where the decedent lived.
Why reopen an estate?
You may need to reopen a probate file because previously undiscovered assets surfaced, creditors or tax matters remain outstanding, an appointment was defective, or new facts show the prior administration failed to distribute property correctly. To reopen, you petition the probate court to set aside or modify the prior closing order and to appoint an administrator if needed.
Typical documentation the New Hampshire probate court will expect
Below are the most common documents the court will request to establish next-of-kin status and to evaluate a petition for appointment as administrator. Courts may require certified copies when originals are not available.
- Certified copy of the decedent’s death certificate. A certified death certificate is usually required to open or reopen any probate matter.
- Proof of your identity. Government-issued photo ID (e.g., driver’s license, passport) and contact information.
- Vital records proving relationship. Certified birth certificates, adoption decrees, marriage certificates, and (if applicable) certified divorce decrees that show the family relationships linking you to the decedent.
- Affidavit of Heirship or Family Tree/Affidavit. A sworn affidavit listing the decedent’s heirs, their relationships, addresses, and contact details. This affidavit often explains how you determined heirship and may be signed by disinterested witnesses or other relatives.
- Existing probate case documents. Certified copies of the prior probate file, including the original appointment order, letters testamentary or letters of administration (if issued), inventories, accountings, and the closing order. If the prior estate was closed, provide the case number and court that handled it.
- Renunciations or waivers from other heirs. Written renunciation forms or written consent by other interested persons can simplify appointment and reduce the need for a contested hearing.
- Documentation of newly discovered assets. Bank statements, title documents, deeds, stock certificates, life insurance beneficiary information, retirement account statements, or other records showing the asset that prompts reopening.
- Creditor or tax notices. Any claims, tax notices, or lien notices related to the estate that demonstrate a need to reopen probate.
- Bond information. If the court requires a fiduciary bond, be prepared to provide a bond application or an agreement with a bonding company. The court may set the bond amount based on the estate’s value.
- Proposed inventory and plan. An initial list of estate assets and a brief plan for administration or distribution can help the judge evaluate your petition.
How to petition to reopen an estate and be appointed administrator
- Contact the probate court clerk in the county where the decedent last lived. The New Hampshire Probate Division webpage provides local contact details and forms: https://www.courts.state.nh.us/probate/.
- File a written petition to reopen the estate and to appoint an administrator (or to modify the prior administration). Include the reasons to reopen (new assets, unpaid claims, defective prior appointment, etc.) and attach the supporting documents listed above.
- Serve or notify interested persons and heirs per the court’s procedures. The court will typically require notice to all heirs and interested creditors before a hearing or appointment.
- Attend the hearing. Be ready to provide originals or certified copies of your proof of relationship and any other supporting evidence. If other heirs contest, the court will resolve competing claims to appointment.
- If appointed, obtain letters of administration. The court issues letters (or an equivalent document) that formally authorize you to act as administrator. The court may also require a bond and periodic accounting.
Evidence standards and common issues
New Hampshire probate judges weigh documentary evidence and sworn testimony. Certified vital records carry greater weight than photocopies or unsworn statements. If paternity, adoption, or complex family history exists, you may need additional court-ordered discovery, testimony from witnesses, or genealogical proof (church records, census records, affidavits). Expect the court to require clear proof of legal relationship if multiple claimants exist.
Where to find New Hampshire statutes and official resources
For statutory language and rules governing probate practice and intestate succession, consult the New Hampshire Revised Statutes and the Probate Division of the New Hampshire Judicial Branch:
- New Hampshire Revised Statutes Annotated (RSA) — general index: https://www.gencourt.state.nh.us/rsa/html/
- New Hampshire Judicial Branch — Probate Division (local clerks, forms, procedures): https://www.courts.state.nh.us/probate/
Because rules and local procedures change, check the probate clerk’s office page for county-specific filing forms, fees, and hearing calendars.
When to get help from an attorney
Consider consulting an attorney if:
- Multiple people claim to be next of kin or contest appointment.
- Heirship involves adoptions, illegitimacy, or interstate issues.
- Significant assets, complex tax issues, or creditor disputes exist.
- You anticipate litigation, will contests, or removal proceedings against a prior fiduciary.
Short summary
To prove you are next of kin and qualify as administrator when reopening a New Hampshire estate, gather a certified death certificate, certified vital records showing relationship, a sworn affidavit of heirship, prior probate court records, documentation of any newly discovered assets, and any waivers or renunciations from other heirs. File a petition to reopen with the probate court where the decedent lived, provide notice to interested persons, and be prepared to obtain a fiduciary bond and letters of administration if appointed. Contact the local probate clerk for the exact forms and filing requirements: https://www.courts.state.nh.us/probate/.
Helpful Hints
- Get certified copies of all vital records — courts prefer certified documents over photocopies or scans.
- Obtain the decedent’s full legal name, last residence, and prior probate case number (if any) before filing.
- Prepare a clear family chart showing relationships and attach supporting certificates to the affidavit of heirship.
- If possible, collect written renunciations from other heirs to avoid contested appointment hearings.
- Contact the probate clerk early — they can confirm filing fees, required forms, and whether a bond is normally required in similar cases.
- Keep copies of every document you file and every communication with the court; bring originals to hearings.
- Consider a short consultation with a probate attorney if you expect disputes, large assets, or tax complications; attorneys can often resolve issues faster than litigated contests.