Detailed Answer
The probate timeline in New Hampshire varies based on multiple factors. Probate administration is governed by RSA Chapter 552. After a death, the probate court issues letters of appointment to a personal representative. Key factors include:
1. Existence of a Will
If the deceased left a clear, valid will, the court follows the testator’s instructions, which can streamline the process. Without a will (intestacy), distribution rules under RSA 552 apply, often extending the timeline as the court determines heirs.
2. Estate Complexity
Simple estates—cash, bank accounts, marketable securities—often close within months. Estates with real estate, business interests or multi-state assets require title searches, appraisals and sometimes ancillary probate, adding weeks or months.
3. Inventory and Appraisal Deadlines
Under RSA 552:13, the personal representative must file a complete inventory and appraisal within 90 days of appointment. Delays in valuing unique assets (antiques, collectibles) can extend this period.
4. Creditor Claims and Notice Requirements
New Hampshire law mandates notice to known creditors and publication in a local paper. Creditors have two months from publication to submit claims (RSA 559:6). Disputed or late claims can delay distributions until resolved.
5. Will Contests and Beneficiary Disputes
Challenges to the will’s validity or disagreements among beneficiaries can pause the process. Litigation or mediation may add months or longer, depending on court availability and case complexity.
6. Tax Filings
While New Hampshire has no estate tax, federal estate tax returns may be required if the estate exceeds the IRS exemption. Gathering financial records and preparing returns can add significant time.
7. Court Schedules and Local Practices
Probate courts in each county set their own calendars. Busy dockets, limited hearing dates or staffing constraints can impact appointment, accounting reviews and final distribution.
Disclaimer
This content is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Gather key documents—will, deeds, account statements—promptly after a death.
- Notify potential creditors early to limit the claims period.
- Engage a professional appraiser for real estate or unusual assets.
- Maintain transparent communication with beneficiaries to reduce disputes.
- Review your county’s probate court website for filing deadlines and fee schedules.