Detailed Answer
Short answer: If your spouse died without a will in New Hampshire, you can ask the Probate Court in the county where your spouse lived to appoint you as the personal representative (administrator) of the estate. The court will follow New Hampshire law to decide who has priority to serve. Family members cannot legally block the appointment simply by refusing to cooperate; the court can appoint a qualified person despite family objections.
How the New Hampshire law works (basic principles)
When someone dies intestate (without a will) in New Hampshire, the Probate Court oversees appointment of a personal representative to collect assets, pay debts, and distribute property to heirs. The court relies on statutory priority rules to decide who may be appointed. The surviving spouse generally has priority to be appointed, but the court will consider whether that person is suitable and available.
For official probate procedures and local forms, see the New Hampshire Judicial Branch Probate page: https://www.courts.state.nh.us/probate/index.htm. For general New Hampshire statutes, see the RSA index: https://www.gencourt.state.nh.us/rsa/html/.
Step-by-step: How to get appointed as administrator in New Hampshire
- Confirm jurisdiction: File in the Probate Court in the county where your spouse lived at the time of death.
- Gather documents: Obtain the death certificate, your marriage certificate, information about assets (bank accounts, titles, insurance, real estate), and any known creditor information.
- Prepare and file a Petition for Administration: Use the Probate Court’s forms or file a petition asking the court to appoint an administrator. The petition will identify the decedent, list heirs and their addresses (as best you know), and describe the estate’s assets. The court’s probate pages have forms and filing instructions: https://www.courts.state.nh.us/probate/index.htm.
- Notice to heirs and creditors: New Hampshire rules require notice to interested persons (heirs and certain other parties). The court will tell you how to serve notice and may require publication for creditors. Even if family members refuse to cooperate, you must still provide the required notice; the court will not withhold appointment just because relatives will not sign paperwork.
- Bond and qualification: The court may require a fiduciary bond unless the court waives it. You will usually need to take an oath and complete forms to qualify as personal representative. If you have a disqualifying factor (a felony, lack of capacity, or conflict of interest), the court may deny appointment.
- Hearing and appointment: If somebody objects, the court will schedule a hearing. Otherwise, the court often grants appointment after reviewing the petition and proof of notice. After appointment, the court will issue Letters of Administration (sometimes called Letters Testamentary for wills), which you present to banks and agencies to act for the estate.
What to do when the decedent’s family won’t cooperate
Relatives refusing to sign forms, provide information, or turn over property is common but rarely fatal to your petition. The key actions are:
- Follow court procedures for notice and service. Proper legal notice protects you and lets the court proceed even if relatives ignore it.
- Document attempts to contact family members and gather whatever asset documentation you can independently (bank statements, tax returns, deeds, titles).
- If relatives actively interfere with estate property (refuse to relinquish possession of important assets, remove property, or destroy records), tell the court. The Probate Court has powers to require turnover, hold hearings, and impose sanctions.
- If you need immediate control of assets to prevent loss, ask the court for temporary or emergency relief (temporary administrator or limited authority) while the probate proceeds.
What the court will consider
The Probate Court balances statutory priority with fitness to serve. The court will consider:
- Priority under the law (surviving spouse usually ranks highest)
- Your ability to manage estate duties responsibly
- Any conflicts of interest or prior misconduct
- Objections from other heirs or creditors
Typical timeline and costs
Timelines vary by county and case complexity. Simple appointments can take a few weeks; contested matters may take months. Expect filing fees, possible bond premiums, and attorney fees if you use a lawyer. The court will give specific fee information when you file.
After appointment: first duties of the administrator
- Open an estate bank account and keep estate funds separate.
- Inventory and secure estate assets.
- Notify known creditors and publish notice if required.
- Pay valid debts and file any required tax returns.
- Prepare final account and distribute assets according to intestacy rules once debts and taxes are resolved.
When to hire a probate attorney
Hire a probate attorney if:
- Family members actively contest your appointment.
- Assets are complex (real estate in multiple states, business interests, significant investments).
- Potential creditor claims, tax issues, or disputes about who the heirs are.
Even when a court case is straightforward, a lawyer can help prepare petitions, meet filing requirements, and reduce costly mistakes.
Helpful statutory resources
New Hampshire’s official court probate pages and the Revised Statutes Annotated are the best places to confirm forms and rules for your county:
- New Hampshire Judicial Branch — Probate: https://www.courts.state.nh.us/probate/index.htm
- New Hampshire Revised Statutes (searchable index): https://www.gencourt.state.nh.us/rsa/html/
Helpful Hints
- Bring certified copies of the death certificate to the probate office — most filings require them.
- Prepare a short asset list before you file: bank accounts, real property, vehicles, retirement accounts, and life insurance policies.
- Keep a clear paper trail of your communications with family members; the court values documented attempts at cooperative resolution.
- If someone claims another will exists, tell the court immediately — that can change procedure and who may be appointed.
- Ask the clerk about local forms and fee waivers if you cannot afford filing fees — some counties provide guidance or reduced fees for low-income filers.
- Consider limited-scope representation: a lawyer can draft the petition and appear at a contested hearing without handling the entire estate.
Disclaimer: This article explains general New Hampshire probate concepts and practical steps. It is educational only and not legal advice. Laws change and every case has unique facts. For personal advice about your situation, consult a licensed New Hampshire probate attorney or contact the Probate Court in the county where the decedent lived.