Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Detailed Answer
To open an estate administration in New Hampshire, you must gather key documents and certificates. The Probate Court relies on these papers to verify death, identify heirs, locate assets, and ensure proper distribution under NH law. Below are the primary documents you should collect:
- Official Death Certificates: Obtain several certified copies from the New Hampshire Division of Vital Records Administration. You typically need one for each financial institution, insurance carrier, and government agency.
- Original Will and Codicils: If the decedent executed a will in New Hampshire, locate the signed original and any amendments. Probate Court requires the original to admit the will to probate. See RSA 551:1.
- Heir and Beneficiary Information: Prepare full names, addresses, birth dates, and Social Security numbers for all heirs-at-law and named beneficiaries. This includes spouses, children, and contingent beneficiaries.
- Marriage Certificates and Divorce Decrees: Secure certified copies of the decedent’s marriage certificates and any final divorce judgments. These help establish spousal rights and identify former spouses.
- Birth Certificates: Obtain certified birth certificates for minor beneficiaries or surviving children. Probate often requires proof of age and parentage.
- Property Deeds and Titles: Collect deeds to real estate (residential, investment, or vacation properties) and titles for vehicles, boats, and other titled assets.
- Financial Account Statements: Gather bank statements, brokerage account statements, investment reports, and safe deposit box information as of the date of death.
- Retirement and Investment Plan Documents: Locate 401(k), IRA, pension, annuity, or other retirement plan statements showing beneficiary designations.
- Life Insurance Policies: Retrieve policies and declarations pages to identify death benefits and named beneficiaries.
- Trust Agreements: If the decedent created a living trust, secure fully executed trust documents and any amendments to determine asset distribution outside probate.
- Last Income Tax Returns: Provide federal and state returns for the decedent’s last year of life to help the executor calculate estate tax obligations.
- Powers of Attorney and Health Care Directives: While these documents generally lapse at death, they can clarify end-of-life decisions and identify agents who may have handled financial affairs.
Once you assemble these papers, file a probate petition in the Superior Court (Probate Division) of the county where the decedent resided. The court uses this documentation to confirm the executor’s appointment, authorize asset collection, and supervise distribution according to the will or New Hampshire’s intestacy laws.
Helpful Hints
- Order extra certified death certificates at the outset—most institutions won’t accept photocopies.
- Keep originals and make high-quality scans for your records.
- Contact banks and insurance companies early to verify their specific probate requirements.
- Check the NH Probate Court’s local rules for filing fees and forms: NH Probate Forms.
- Maintain a detailed inventory of assets with approximate values as of the date of death.
- Consult with a probate attorney if you encounter complex assets like closely held businesses or out-of-state property.