Detailed Answer
In New Hampshire, a small estate affidavit allows a qualifying heir or beneficiary to claim estate assets without formal probate. Under RSA 556:6 and RSA 556:7, you can use this process if the decedent’s personal property does not exceed $25,000 and any real property does not exceed $25,000 in value. To complete the affidavit, gather the following documents:
1. Death Certificate
You need an official certified copy of the decedent’s death certificate.
2. Affidavit Form
Use the New Hampshire Judicial Branch Form(P) 34 – Small Estate Affidavit. This form must comply with RSA 556:7.
3. Heirship Information
Provide a list of heirs and beneficiaries, their addresses, and relationship to the decedent. If a will exists, include a copy and proof of its admission to probate, or state that no probate proceedings occurred.
4. Asset Inventory
List all personal property with approximate values. Attach supporting documents such as bank statements, vehicle titles, or account statements.
5. Appraisals or Valuations
For unique items or high-value assets, attach professional appraisals or comparative market analyses.
6. Proof of No Formal Probate
Include a statement that no formal probate appointment has been made. If a probate file exists, attach a court-issued letter of informal probate or similar document.
7. Identification of Affiant
The person filing the affidavit must provide a copy of a government-issued ID, such as a driver’s license or passport.
8. Notarization
The signed affidavit must be notarized according to New Hampshire law.
Helpful Hints
- Double-check asset values to ensure eligibility under the $25,000 limit.
- Keep certified copies of all documents; courts often require them.
- Use clear, legible handwriting or type the affidavit.
- Visit the NH Judicial Branch website for updated forms.
- If you’re uncertain about estate value, get a professional appraisal.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice specific to your situation.