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Detailed Answer

Under New Hampshire law, heirs who need to convey real property in another state generally must proceed through ancillary probate in that jurisdiction. Ancillary probate appoints a personal representative (executor or administrator) for the out-of-state property. Once the court issues Letters Testamentary or Letters of Administration in the foreign jurisdiction, the representative executes an Administrator’s Deed (sometimes called an Executor’s Deed) under NH RSA 551:1 (RSA 551:1). This deed conveys the decedent’s interests in the property and must be:

• Signed by the appointed representative
• Acknowledged before a notary public
• Delivered to the grantee

In cases where the estate representative is not appointed or all heirs agree to transfer jointly, the heirs can sign a Quitclaim Deed or Heir’s Deed under NH RSA 551:2 (RSA 551:2). This deed transfers each heir’s interest “as is” without warranty. Some states require an Affidavit of Heirship to confirm the heirs’ status.

Ancillary Probate Steps

1. File a petition in the foreign state court where the property sits.
2. Submit the decedent’s death certificate and certified NH Letters Testamentary or Administration.
3. Obtain ancillary letters appointing the representative.
4. The appointed representative executes the Administrator’s Deed.

Recording the Deed

After execution, record the deed at the county registry of deeds in the state where the property lies. Typically you must include:

• The original or certified copy of the deed
• Letters Testamentary/Administration or Affidavit of Heirship
• The decedent’s death certificate
• Payment of recording fees and transfer taxes

NH RSA 478:22 governs recording procedures in NH (RSA 478:22), but each state has its own land‐record statutes and requirements.

Disclaimer

This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney in the jurisdiction where the property is located.

Helpful Hints

• Confirm ancillary probate requirements where the property is located.
• Select the appropriate deed: Administrator’s Deed vs. Heir’s Quitclaim Deed.
• Obtain an Affidavit of Heirship if no representative is appointed.
• Gather required documents: death certificate, letters of administration.
• Check local recording office rules, forms, and fees.
• Consider title insurance to protect against latent defects.
• Consult a local real estate attorney to ensure a clear transfer of title.