Disclaimer: This article provides general information about New Hampshire law and is not legal advice.
Detailed Answer: Including Real Property in a New Hampshire Estate
When a decedent owns real estate in New Hampshire, you must bring it into the probate estate before you can transfer or distribute it. For example, if Jane Doe owned a home in Manchester, NH, an executor would follow these steps to include that property. Below are the key steps under NH law.
1. Identify and Locate Title Documents
First, find the deed that shows ownership. Search the county Register of Deeds where the property lies. Review the deed type—fee simple, joint tenancy, or tenancy by the entirety.
2. Determine Ownership Type
Ownership affects whether probate is required. Surviving tenants by the entirety pass automatically to the spouse. Joint tenancy rights of survivorship pass to remaining owners without probate. If the decedent held property individually, include it in the estate under RSA 556:1 by filing a probate petition.
3. File for Probate or Administration
Submit a petition to the Probate Court in the county where the decedent lived. Request letters testamentary (if there’s a will) or letters of administration (if no will). The court issues authority to the executor or administrator to manage estate assets.
4. Inventory and Appraisal
Within three months of appointment, the executor/administrator must file an inventory including real property value per RSA 556:20. Hire a qualified appraiser to determine fair market value at the date of death.
5. Satisfy Debts and Taxes
Notify known creditors and publish a notice to unknown creditors in a local newspaper. Pay valid claims and settle estate taxes. You cannot distribute property until debts and taxes are paid under RSA 556:21.
6. Transfer Title to Beneficiaries
After approval from the Probate Court, the executor/administrator signs and records the deed transferring property to beneficiaries. File the deed in the county Register of Deeds alongside the court order or decree.
Helpful Hints
- Check for mortgages or liens before transferring title.
- Consider ancillary probate if the decedent owned property in another state.
- Consult a real estate attorney for complex issues like boundary disputes.
- Keep detailed records of all filings, notices, and payments.
- Confirm the filing deadlines for creditor notices to avoid personal liability.