Process and Timeline for Applying to Become a Personal Representative in New Hampshire
Detailed Answer
Under New Hampshire law, a personal representative administers a decedents estate. You start by filing a petition in the probate court of the county where the decedent resided. The main steps include:
- Determine Eligibility: NH RSA 551:7 sets the order of priority for appointment. Spouses, adult children, and next of kin rank highest. NH RSA 551:7.
- Prepare and File the Petition: Complete the courts petition form, attach the death certificate and any will, and pay the filing fee. The petition triggers the courts review under NH RSA 551:6.
- Notice to Heirs and Creditors: After filing, the court issues notices to known heirs. You must also publish notice to creditors once weekly for three consecutive weeks as required by NH RSA 556:1. This alerts anyone with claims against the estate.
- Appointment and Bond: If no one contests your appointment and you meet bond requirements, the court issues Letters Testamentary (if theres a will) or Letters of Administration. The court may waive the bond if the will so directs or for good cause.
- Inventory and Accounting: You have 60 days from appointment to file an inventory of assets and liabilities. Periodic accountings must follow court rules and deadlines.
Timeline Estimates
- Petition to Appointment: Usually 2–6 weeks in uncontested cases.
- Creditor Notice Publication: 3 weeks of weekly publications.
- Inventory Filing: Within 60 days of appointment.
- Final Accounting and Distribution: Typically 6–12 months, depending on estate complexity.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Visit your local probate court website for forms and fee schedules.
- Gather the death certificate, original will, and asset documentation before filing.
- Notify all potential heirs and keep detailed records of all communications.
- Maintain clear financial records of estate transactions and expenses.
- Consider consulting a probate attorney if disputes or complex assets arise.