How to find the rightful heirs and who owns property after a grandparent died (New Hampshire)

Short answer: Start by locating a will and checking the probate court records. If there is no will, New Hampshire’s intestacy rules and the probate process determine heirs. Independently, check the county Register of Deeds for property deeds, and check beneficiary designations and joint ownership documents, because some assets transfer outside probate.

Disclaimer

This article is educational only and is not legal advice. For advice about a specific situation, contact a licensed New Hampshire attorney or the probate court in the county where your grandparent lived.

Detailed answer — step by step

1) Confirm the death and collect basic documents

Get at least one certified copy of the death certificate. You will need this for probate, for banks, and for transferring titles. Also gather any documents you can find at home: a sealed envelope labeled “will,” a safe-deposit box inventory, mail that references an attorney or accountant, insurance policies, deeds, tax bills, and recent bank statements.

2) Look for a will or trust

If your grandparent left a will, it usually names an executor and lists beneficiaries. A will must typically be filed with the probate court in the county where the deceased lived. If a trust exists, trust assets may pass outside probate. Ask family members, the deceased’s attorney, financial advisor, or safe-deposit box custodian.

3) Contact the New Hampshire probate court

If a will is found, the person named as executor (or someone else) should file the will with the probate division. If no will is found, someone (usually a close relative) can open an estate case in probate so the court can appoint an administrator and formally determine heirs. The New Hampshire Judicial Branch Probate Division explains local procedures and where to file: NH Judicial Branch – Probate Division.

The probate court can tell you whether an estate has been opened, who the personal representative (executor/administrator) is, and whether distribution orders exist. Probate records are the primary public source to confirm heirs and how property will be distributed.

4) Check property ownership at the county Register of Deeds

Property ownership is shown on the deed, which is recorded in the county Register of Deeds office where the real estate is located. Search the recorded deed for the property (grantor/grantee names). Deeds show current ownership and whether the property was held as joint tenants (which often includes a right of survivorship) or solely in the grandparent’s name.

If the deed shows joint ownership with right of survivorship or a tenancy by the entirety (between spouses), the property may have passed automatically to the surviving co-owner and might not be part of the probate estate. If the deed shows ownership solely in the grandparent’s name, the property is likely part of the probate estate unless another nonprobate transfer applies.

5) Check beneficiary designations and nonprobate transfers

Some assets transfer outside probate: life insurance, retirement accounts, bank accounts with payable-on-death (POD) or transfer-on-death (TOD) designations, and some jointly held assets. Ask financial institutions for account beneficiary information and review policies and account statements.

6) Understand New Hampshire’s intestacy (no‑will) rules

If there is no will, New Hampshire’s intestacy statutes govern who inherits. The probate court applies those rules to identify lawful heirs and distribute estate property. To review the statutes yourself, consult the New Hampshire Revised Statutes accessible online: NH Revised Statutes (RSA). The probate court or an attorney can explain the specific order of priority and shares under New Hampshire law in your case.

7) If ownership or heirs are disputed — options

If family members disagree about who the heirs are, who controls the estate, or who owns the property, the probate court can resolve these disputes in an estate administration case. In some situations a quiet-title action in superior court may be needed to clear title to property. If the estate is small, New Hampshire may have simplified procedures (ask the probate court about small-estate claims).

8) Documents the appointed representative will need

Certified death certificate(s)
Copies of any will or trust documents
Property deeds and mortgage statements
Bank and investment account statements
Insurance policies and retirement account info
Marriage certificates, birth certificates, and other family records

9) When to consult an attorney

Consider consulting a New Hampshire probate or estate attorney if:

No will exists and heirs are unknown or there is a large or complex estate
There are disputes among family members about heirs or property
Title issues, mortgage problems, or competing claims exist
You need help with a quiet-title action or probate litigation

An attorney can help identify heirs, file probate or quiet-title actions, and advise about tax and creditor issues. If cost is a concern, ask about limited-scope representation or whether local legal aid or pro bono resources may be available.

Helpful Hints

Start local: Contact the probate court in the county where the grandparent lived to ask whether an estate is open and whether a will has been filed.
Search the house: People often keep wills in a desk, safe, or safe-deposit box. If you find a safe-deposit box, the bank’s records or the probate court can help access it after death.
Check mail and digital accounts: Look for mail from an attorney, accountant, bank, or investment firm, and review email for notices about accounts or policies.
Use the Register of Deeds for property records: The recorded deed will show exact ownership and how title is held. Each county has an office where you can search by name or property address.
Don’t assume verbal promises change title: Only recorded deeds, beneficiary designations, or properly executed wills/trusts transfer ownership.
Get certified documents early: Certified death certificates and certified copies of probate filings are commonly required by banks and title companies.
Keep a paper trail: Save copies of all notices, filings, and communications—these will help resolve disputes or clarify ownership.
Ask about small‑estate procedures: If the estate is small, the probate court may offer a simplified process that avoids full administration.

Where to find official New Hampshire resources

New Hampshire Judicial Branch — Probate Division: https://www.courts.state.nh.us/public/probate/index.htm
New Hampshire Revised Statutes (RSA) — statutory law online: https://www.gencourt.state.nh.us/rsa/html/index.html

Final practical checklist

Obtain a certified death certificate.
Search for a will, trust, or beneficiary documents.
Call the local probate court to ask if an estate is open or a will has been filed.
Search the county Register of Deeds for deeds and title information.
Gather account statements, insurance policies, and deeds.
If in doubt or if disputes arise, consult a New Hampshire probate/estate attorney.

If you want, tell me the county where your grandparent lived and I can point you to the likely probate court and Register of Deeds office for that county and list typical local contact steps.