Detailed Answer: What heirs can do when an estate administrator in New Hampshire is unresponsive or refuses to distribute assets
This FAQ explains practical steps heirs can take if a personal representative, administrator, or executor (collectively “administrator”) for a New Hampshire estate stops communicating, delays distribution, or refuses to distribute assets. This is general information to help you understand common remedies and procedures in New Hampshire; it is not legal advice.
1. Confirm the administrator’s role and duties
Start by confirming who is the court-appointed fiduciary. The probate court that opened the estate appointed the administrator and issued letters testamentary or letters of administration. That document defines the administrator’s authority and duties, including collecting assets, paying valid debts and taxes, and distributing the remainder to heirs or beneficiaries.
2. Communicate and document
- Send a clear, written request (email and/or certified mail) asking for a status update and an accounting of assets, liabilities, and planned distributions.
- Keep copies of all communications, certified-mail receipts, and any responses.
- If reasonable, try a short deadline (for example, 14 days) for a reply. A written demand establishes a record if you later ask the court to intervene.
3. Request a formal accounting
Heirs may request that the administrator file a formal accounting with the probate court. An accounting shows money in and out of the estate, receipts, disbursements, and proposed distributions. If the administrator fails to file an accounting, or the accounting is incomplete or suspicious, heirs can ask the probate court to compel one.
4. File a petition in probate court to compel action
If informal requests fail, heirs may file a petition with the New Hampshire Probate Court to compel the administrator to perform duties. Typical court actions include:
- Motion or petition to compel an accounting or to compel payment/distribution.
- Petition to surcharge or hold the administrator liable for losses caused by mismanagement.
- Petition to remove the administrator for failure to perform duties, misconduct, conflict of interest, incapacity, or refusal to follow court orders.
- Motion to increase or require a bond (security) from the administrator if there is concern about mismanagement.
5. Possible remedies the court may grant
The probate court has broad authority to enforce fiduciary duties. Potential remedies include:
- Ordering the administrator to file a full accounting and to distribute assets according to the will or law.
- Removing the administrator and appointing a successor fiduciary.
- Assessing a surcharge against the administrator for money lost through breaches of duty or improper withholding of assets.
- Ordering the administrator to post or increase bond, or to turn over estate assets to the court or successor administrator.
6. Small estate or summary procedures
Some estates qualify for simplified or summary administration. If the estate is small and statutory requirements are met, heirs may be able to ask the court for a simplified procedure that speeds distribution and reduces administrative friction. Check the probate court’s guidance or forms to see if your estate qualifies.
7. Evidence and preparation
When asking the court to intervene, gather evidence to support your claims, including:
- Letters testamentary/administration and court docket information.
- All written communications with the administrator.
- Bank statements, receipts, copies of inventory filed with the court (if any).
- Any proof of waste, misappropriation, or bad-faith conduct.
8. Timeline and costs
Probate court actions take time. Expect weeks to months for motions and hearings, longer if removal or surcharge claims require discovery. There may be filing fees and costs for attorney assistance. If the court finds the administrator acted improperly, it can assess costs and attorney’s fees against the administrator in some circumstances.
9. Consider alternatives to litigation
- Mediation or a facilitated conference with the administrator and heirs can resolve disputes faster and at lower cost.
- Negotiation through counsel may secure an agreed accounting and distribution plan without court petitions.
10. Where to file and where to get forms in New Hampshire
Most estate matters are handled by the New Hampshire Probate Division of the Circuit Court (or the superior court as appropriate). The court’s probate pages include local procedures, forms, and contact information. For statutes and the text of probate laws, consult the New Hampshire Revised Statutes Annotated (RSA) on the state General Court website.
Helpful official links:
- New Hampshire Judicial Branch – Probate Division (court procedures, local rules, and forms)
- New Hampshire Revised Statutes Annotated (RSA) (full text of state statutes)
11. When to consult an attorney
Consider consulting a probate attorney when:
- The administrator refuses reasonable accounting or distribution and communications have failed.
- You suspect theft, fraud, or serious breaches of fiduciary duty.
- The estate involves complex assets, tax issues, or creditor disputes.
An attorney can advise on strategy, help prepare petitions and evidence, and represent heirs at hearings. If cost is a concern, ask potential attorneys about limited-scope help (such as drafting a petition) or whether fees might be recoverable from the estate.
Summary
If an administrator in New Hampshire becomes unresponsive or refuses to distribute assets, heirs should (1) document communication and requests; (2) request a formal accounting; (3) petition the probate court to compel an accounting or distribution, to remove the administrator, to surcharge, or to increase bond; and (4) consider alternative dispute resolution. Use the New Hampshire Probate Division resources and the RSA statutes for procedural details, and speak to a probate attorney for case-specific guidance.
Disclaimer
This article provides general information about New Hampshire probate procedures and is not legal advice. Laws change and each case is different. Consult a licensed attorney in New Hampshire for advice about your specific situation.
Helpful Hints
- Always put key requests in writing and keep copies.
- Check the probate court docket online or contact the clerk to confirm whether required filings (inventory, accounting) exist.
- Ask for an interim accounting if distributions are delayed but the estate is solvent.
- Time your court petitions carefully and be prepared for possible costs; weigh mediation first if family relationships matter.
- If you think funds were stolen, document specifics (dates, amounts, transfers) and notify the probate court and, if necessary, law enforcement.
- For small estates, confirm whether simplified procedures apply to avoid prolonged litigation.
- If an administrator lives out of state, file motions in the New Hampshire probate court that appointed them—jurisdiction generally rests with that court.