Detailed Answer
When someone dies without a will in New Hampshire, their estate passes under the state’s intestacy laws (RSA Chapter 547). If the heir is a minor, the court must take extra steps to protect that child’s inheritance until they reach adulthood.
1. Appointment of an Administrator
The first step is to open a probate proceeding. The court appoints an administrator to collect assets, pay debts, and manage the estate under RSA 557:21. This ensures someone oversees the minor’s share.
2. Determining Intestate Distribution
Under RSA 547:2, the estate is divided among surviving heirs. A minor child receives their statutory share, which the administrator holds for them.
3. Appointment of a Guardian of the Minor’s Estate
The court must appoint a guardian of the minor’s estate to manage the funds specifically set aside for the child. This process follows RSA 553:17. The guardian must be a responsible adult, often a close relative, who files an oath and bond.
4. Powers and Duties of the Guardian
The guardian invests and spends the inheritance only for the benefit of the minor’s health, education, support, and maintenance. They file periodic accounts with the court under RSA 553:19. This transparency protects the child’s assets.
5. Consider a Trust or Conservatorship
To add protection, the guardian or administrator can propose creating a trust under RSA 564:1. A trust can specify when and how the child receives distributions, for example at age 18, 21, or later.
These steps—opening probate, appointing an administrator and guardian, and possibly creating a trust—ensure a minor’s inheritance remains secure and used appropriately until they reach majority.
Helpful Hints
- File for probate promptly to avoid delays in appointing an administrator.
- Choose a guardian who understands fiduciary duties and record-keeping requirements.
- Keep detailed records of all expenditures and investments.
- Consider a trust to add flexibility and clear distribution milestones.
- Consult a qualified attorney to navigate filings and court appearances.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in New Hampshire for guidance specific to your situation.