What is the process and timeline for applying to become the personal representative of an estate in New Hampshire? | New Hampshire Probate | FastCounsel
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What is the process and timeline for applying to become the personal representative of an estate in New Hampshire?

Process and Timeline for Applying to Become a Personal Representative in New Hampshire

Detailed Answer

Under New Hampshire law, a personal representative administers a decedents estate. You start by filing a petition in the probate court of the county where the decedent resided. The main steps include:

  1. Determine Eligibility: NH RSA 551:7 sets the order of priority for appointment. Spouses, adult children, and next of kin rank highest. NH RSA 551:7.
  2. Prepare and File the Petition: Complete the courts petition form, attach the death certificate and any will, and pay the filing fee. The petition triggers the courts review under NH RSA 551:6.
  3. Notice to Heirs and Creditors: After filing, the court issues notices to known heirs. You must also publish notice to creditors once weekly for three consecutive weeks as required by NH RSA 556:1. This alerts anyone with claims against the estate.
  4. Appointment and Bond: If no one contests your appointment and you meet bond requirements, the court issues Letters Testamentary (if theres a will) or Letters of Administration. The court may waive the bond if the will so directs or for good cause.
  5. Inventory and Accounting: You have 60 days from appointment to file an inventory of assets and liabilities. Periodic accountings must follow court rules and deadlines.

Timeline Estimates

  • Petition to Appointment: Usually 2–6 weeks in uncontested cases.
  • Creditor Notice Publication: 3 weeks of weekly publications.
  • Inventory Filing: Within 60 days of appointment.
  • Final Accounting and Distribution: Typically 6–12 months, depending on estate complexity.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.

Helpful Hints

  • Visit your local probate court website for forms and fee schedules.
  • Gather the death certificate, original will, and asset documentation before filing.
  • Notify all potential heirs and keep detailed records of all communications.
  • Maintain clear financial records of estate transactions and expenses.
  • Consider consulting a probate attorney if disputes or complex assets arise.

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.