Detailed Answer — How an executor (personal representative) sells real property to pay estate debts in New Hampshire

When you are appointed as the personal representative (executor or administrator) of a New Hampshire estate and the estate owns real property that must be sold to pay debts, you must follow probate procedures and any authority granted by the will. Below are the common, practical steps you will take and key legal points to watch. For New Hampshire statutory and probate court information, see the NH Judicial Branch probate administration overview: https://www.courts.state.nh.us/probate/estate-administration.htm and the New Hampshire Revised Statutes (Title XLIV — Probate): https://www.gencourt.state.nh.us/rsa/html/XLIV/contents.html.

Step 1 — Confirm your authority to sell

Check the will first. If the will explicitly grants the personal representative a power of sale, you may have authority to sell estate real property under that provision. If the will does not grant this power, or if there is no will, you will usually need the probate court’s approval before selling real property. Always review the letters testamentary or letters of administration issued by the probate court—these documents define the scope of your authority.

Step 2 — Open estate administration and get appointed

If you have not already, you must petition the probate court to open the estate and be formally appointed. The court issues letters (letters testamentary or letters of administration) that identify you as the lawful personal representative. The probate court’s paperwork and process are explained here: NH Judicial Branch — Estate Administration.

Step 3 — Identify, inventory and value estate assets

Prepare an inventory listing all estate assets, including the real property. Some courts require a formal inventory and appraisal. The valuation establishes whether sale proceeds will be needed to pay debts and provides a basis for later accounting to the court and beneficiaries.

Step 4 — Give notice to creditors and follow creditor-claim procedures

One of your main duties as personal representative is to notify creditors of the decedent’s death and to follow New Hampshire procedures for claims against the estate. This often involves publishing a notice and sending direct notice to known creditors. The probate court will provide guidance about deadlines and proof of claims. Follow the probate court’s directions closely so that creditor claims are properly handled before distributions are made.

Step 5 — Determine whether you need a court order to sell

If the will expressly authorizes sale, you may sell under that authority but still must comply with fiduciary duties (get a fair price, act in beneficiaries’ best interests, and account to the court). If the will does not authorize sale, or if beneficiaries or creditors contest the sale, file a petition with the probate court asking for authority to sell the property. The court can issue an order authorizing the sale and set terms or require confirmation of the sale.

Step 6 — Market the property, obtain an offer, and (if required) seek court confirmation

Market the property at a fair price. Use a realtor and obtain one or more appraisals if needed to show you acted prudently. If the court required pre‑approval, present the proposed sale to the court and obtain an order approving the terms. Some courts require that the sale be advertised or that interested parties be given notice and the chance to object before final approval.

Step 7 — Close the sale and place proceeds in the estate account

Close the sale according to the contract and any court instructions. Deposit sale proceeds into the estate bank account. Pay valid creditor claims from the estate funds first (including funeral expenses, taxes, secured debts, and other approved claims). Maintain careful records of receipts and disbursements for the courts and beneficiaries.

Step 8 — Account to the probate court and distribute remaining assets

Prepare and file an accounting with the probate court that shows property sold, money received, debts paid, fees charged, and the proposed distribution of remaining funds to beneficiaries. The court may need to approve your final accounting before you are discharged from duties.

Key legal duties and practical points

• You must act in the best interests of the estate and its beneficiaries. That includes securing fair market value, avoiding conflicts of interest, and documenting decisions.
• Follow court directions. If the probate court issues conditions on a sale (appraisal, notice, confirmation), comply fully.
• Keep beneficiaries informed. Communicate material steps and provide copies of appraisals, offers, and court orders as appropriate.
• Retain professional help where needed. Use real estate agents, appraisers, accountants, and attorneys to ensure compliance with law and to protect you from personal liability.

General information on probate procedures and fiduciary duties is available from the New Hampshire Judicial Branch at: https://www.courts.state.nh.us/probate/estate-administration.htm. For the full text of New Hampshire statutes governing probate matters, consult Title XLIV of the NH Revised Statutes at: https://www.gencourt.state.nh.us/rsa/html/XLIV/contents.html.

Helpful Hints

• Start by locating the will, death certificate, and any mortgage or lien information for the property.
• Obtain at least one professional appraisal or a broker’s market analysis to support the sale price.
• Keep a dedicated estate bank account so estate funds stay separate from personal funds.
• Document every step: notices to creditors, appraisal reports, marketing efforts, offers, and disbursements.
• Ask the probate clerk early whether a petition and court order are required for sale in your case; local practice varies by county and judge.
• If the estate lacks cash to maintain or market the property (taxes, insurance, repairs), ask the court for interim authority or permission to borrow or sell quickly to prevent loss.
• Be cautious about selling to related parties at a discount—court review and clear documentation will reduce the chance of later litigation.
• Consider consulting a New Hampshire probate attorney when the estate is large, the title is complex, creditors are involved, beneficiaries disagree, or the sale is contested.