How to Verify and Probate an Old Will Discovered Decades After Execution in New Hampshire | New Hampshire Probate | FastCounsel
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How to Verify and Probate an Old Will Discovered Decades After Execution in New Hampshire

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a New Hampshire attorney for guidance on your specific situation.

Detailed Answer

1. Confirm the Will’s Authenticity

When you uncover a decades-old will, start by verifying its genuineness:

  • Check for an attestation clause signed by the testator and two witnesses.
  • Locate witness affidavits or deposition transcripts confirming the testator’s capacity and intent.
  • Compare signatures on known documents to rule out forgery.

2. Determine Filing Deadlines Under New Hampshire Law

New Hampshire sets deadlines for offering a will to probate but allows late filings for good cause:

  • Under RSA 551:1, probate courts oversee will admissions.
  • RSA 551:2 generally requires a will to be offered within three years of the testator’s death.
  • If you’ve missed the statutory window, petition the Superior Court for late probate, showing excusable delay and substantial evidence of authenticity.

3. File a Petition for Probate

To open a probate proceeding:

  • Submit a formal petition to the probate division of the Superior Court in the county where the decedent lived (RSA 551:11).
  • Attach the original will, certified death certificate, and any supporting affidavits.
  • Pay the required filing fee or request a waiver if you qualify for indigent status.

4. Notify Interested Parties

After filing, the court will:

  • Issue notice to heirs, beneficiaries, and creditors.
  • Set deadlines for will contests (typically four months after notice).
  • Schedule a hearing if any party questions validity.

5. Obtain Admission and Executor Appointment

Once the court admits the will to probate:

  • The nominated executor (or an alternate) receives letters testamentary.
  • The executor inventories assets, pays debts, and distributes property per the will.
  • File final accounting when administration concludes.

Helpful Hints

  • Locate all original drafts, codicils, and related correspondence.
  • Interview or secure affidavits from surviving witnesses.
  • Gather supporting records: bank statements, asset deeds, and beneficiary contact info.
  • Consider mediation if heirs dispute the will’s terms to avoid protracted litigation.
  • Track deadlines carefully and request court extensions early if needed.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.