Detailed Answer
Under New Hampshire law, the probate process does not use the “common form” and “solemn form” labels familiar in other jurisdictions. Instead, NH offers two main paths: a summary (affidavit) procedure for small estates and a formal court-supervised administration for larger or more complex estates.
1. Summary (Affidavit) Procedure for Small Estates
When the total personal property in the decedent’s intestate estate does not exceed statutory limits, a surviving spouse, heir, or personal representative may use an affidavit process to collect assets without full probate. Key features:
- Estate Value Threshold: Up to $25,000 in personal property (see RSA 551:1-a).
- Written Affidavit: The claimant files an affidavit under oath stating eligibility and identifying assets.
- No Court Hearing: The court issues an order by affidavit rather than a formal hearing.
- Creditor Notice: Limited or no formal notice; claimants rely on statutory protections.
Statute reference: RSA 551:1-a, Summary settlement of small estates (https://www.gencourt.state.nh.us/rsa/html/LVI/551/551-1-a.htm).
2. Formal Court-Supervised Probate Administration
For estates exceeding the small estate threshold or when a decedent left a will, you must open a formal probate proceeding. This path involves:
- Petition for Probate or Administration: File a petition in the NH Probate Court (see RSA 554:1).
- Appointment of Personal Representative: The court issues Letters of Administration or Letters Testamentary after taking an oath.
- Inventory and Accounting: The personal representative must file an inventory and periodic accountings with the court (see RSA 554:9).
- Creditor Claims: Notice to creditors, opportunity to present claims, and court adjudication of valid claims.
- Court Supervision: The probate judge oversees distribution of assets to beneficiaries or heirs.
Statute references:
- RSA 554:1, Petition and initiation of administration (https://www.gencourt.state.nh.us/rsa/html/LVI/554/554-1.htm).
- RSA 554:9, Inventory and accounting requirements (https://www.gencourt.state.nh.us/rsa/html/LVI/554/554-9.htm).
In practice, the summary procedure is faster and less expensive but limited to modest estates. Formal administration costs more time, court fees, and ongoing supervision, but it handles complex estates, disputes, and significant assets.
Helpful Hints
- Confirm Estate Value: Add up all personal property before choosing the summary procedure.
- Use Official Forms: Probate courts supply standardized affidavits and petitions.
- Check Jurisdiction: File in the county where the decedent lived at death.
- Inform Beneficiaries: Even in summary procedures, notify heirs to avoid disputes.
- Consult a Probate Clerk: Court staff can explain filing requirements but not give legal advice.
Disclaimer: This article provides general information under New Hampshire law. It does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.