Probate in New Hampshire | NH Legal Resources | FastCounsel

Payable-on-Death (POD) Accounts and Estate Creditors in New Hampshire

How POD (Payable-on-Death) Accounts Are Treated for Debts in New Hampshire Detailed Answer Payable-on-death (POD) accounts are bank accounts that a depositor designates to transfer directly to a named beneficiary when the depositor dies. In most situations, a POD designation causes the account balance to transfer outside of probate: the bank pays the named beneficiary […]

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Setting Up an Estate Bank Account in New Hampshire Using an IRS EIN

Detailed Answer Short summary: In New Hampshire, you normally need court-appointed authority (letters testamentary or letters of administration) or an equivalent recognized by the bank before opening an estate bank account. After appointment, you obtain an Employer Identification Number (EIN) for the estate from the IRS and present the bank with the EIN confirmation, certified […]

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New Hampshire — Late Creditor Claims After the 90‑Day Notice Period

Late Creditor Claims Against an Estate — Key Information for New Hampshire Disclaimer: This is general information and not legal advice. For help about a specific estate or claim, consult a licensed New Hampshire attorney or contact the probate court. Detailed Answer — What typically happens when a creditor files after the 90‑day notice period […]

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Claiming Your Share of a Parent's Estate in New Hampshire When There Is No Will

Overview This article explains, under New Hampshire law, how an adult child can claim their share of a parent’s estate when the parent died without a will (intestate). It summarizes the probate steps, how heirs are determined, and practical actions you can take. This is general information and not legal advice. Disclaimer: I am not […]

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New Hampshire: Surviving Spouse Rights When a Partner Dies Intestate

What a Surviving Spouse in New Hampshire Needs to Know When a Spouse Dies Without a Will Disclaimer This article explains general New Hampshire law and common steps a surviving spouse can take after a partner dies without a will. It is educational only and not legal advice. For advice about your specific situation, contact […]

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How to Become the Estate Administrator in New Hampshire When a Spouse Dies Intestate

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 […]

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Claiming Foreclosure Surplus Funds in New Hampshire

Overview If a foreclosure sale of real estate produced money in excess of the amounts owed (a “surplus” or “excess proceeds”), those funds do not automatically belong to the lender. Under New Hampshire law, any surplus from a foreclosure sale belongs to the owner of record or, if the owner is deceased, to the decedent's […]

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Transferring an inherited LLC membership interest — New Hampshire

How to transfer an inherited membership interest in a single-member LLC in New Hampshire Short answer: After probate, the personal representative (executor/administrator) must determine whether the LLC’s operating agreement or New Hampshire law controls the transfer. Often the estate can assign the deceased member’s economic interest to the heir, but the transferee may need member […]

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What Secretary of State Documents Prove Sole‑Member LLC Ownership in New Hampshire

Proof for Banks: What the New Hampshire Secretary of State Can — and Cannot — Show About a Sole‑Member LLC Short answer The New Hampshire Secretary of State can provide certified public filings that prove an LLC exists (for example, the Certificate of Formation/Organization and a Certificate of Good Standing), but those filings typically do […]

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Requesting a Probate Accounting in New Hampshire: Your Rights and Steps

Detailed Answer Short answer: Yes. Under New Hampshire probate practice, an interested person (typically a beneficiary or creditor) can ask the probate court to require the personal representative (executor or administrator) to provide a full accounting of estate assets, transactions, receipts and disbursements. If the personal representative refuses or the accounting appears incomplete or incorrect, […]

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