If Real Property Passes Automatically at Death, Why Do I Have to Probate the Will in NH?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer 1. Automatic Transfer of Real Property at Death New Hampshire law allows certain property interests to pass outside probate. Common methods include: Joint Tenancy: When two or more people own […]
Read article →What steps are involved in notifying creditors and handling claims after a death in New Hampshire (NH)?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When someone dies in New Hampshire, the appointed personal representative (executor or administrator) must notify creditors and handle claims under RSA Chapter 556. Follow these steps to comply with statutory requirements. 1. Secure Letters Testamentary or Letters of Administration Before […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in NH?
Detailed Answer In New Hampshire, the probate court typically requires a certified death certificate to open an estate. Under RSA 551:3, a personal representative’s authority to act begins only after the court issues Letters Testamentary or Letters of Administration, and the court will normally demand a certified death certificate before issuing those letters (RSA 551:3). […]
Read article →How Do I Prepare an Heirship Affidavit in New Hampshire?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In New Hampshire, an heirship affidavit—commonly called a small estate affidavit—is a tool to claim a decedent’s personal property without formal probate under RSA 551:3. Use this process only when no will exists, no probate administration is pending, and […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in New Hampshire?
Can I Elect to Receive a Life Estate Instead of an Intestate Share in New Hampshire? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When a person dies without a valid will in New Hampshire, their estate passes […]
Read article →How does an executor obtain an EIN for the estate in New Hampshire?
Detailed Answer When you serve as an executor (also called personal representative) for an estate in New Hampshire, you typically need an Employer Identification Number (EIN) to manage tax filings. Here’s how: Obtain appointment from the probate court. Under NH RSA 551:3, you must file the will, petition for probate, consent or appointment forms, and […]
Read article →What is the difference between common and solemn form probate in NH?
Detailed Answer Under New Hampshire law, the probate process does not use the "common form" and "solemn form" labels familiar in other jurisdictions. Instead, NH offers two main paths: a summary (affidavit) procedure for small estates and a formal court-supervised administration for larger or more complex estates. 1. Summary (Affidavit) Procedure for Small Estates When […]
Read article →NH: Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate?
Detailed Answer Disclaimer: This information is educational and does not constitute legal advice. Consult a licensed attorney in New Hampshire for guidance. In New Hampshire, a surviving spouse can elect a year’s allowance from the decedent’s personal property under RSA 561:16. This election must occur within 6 months of the decedent’s death and ensures the […]
Read article →How to Request and Schedule a Probate Hearing in New Hampshire When None Is Set
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In New Hampshire, the probate court oversees administration of estates. If no hearing date has been set, you can file a motion to schedule one. Below is an overview of the process under New Hampshire law. 1. Identify the […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in NH
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer In New Hampshire probate cases, properly serving court orders on all interested parties is essential to move the case forward. Interested parties generally include executors, beneficiaries, heirs, devisees, and […]
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