Probate in New Hampshire | NH Legal Resources | FastCounsel

New Hampshire: Using a Small Estate Affidavit Instead of Formal Probate

Detailed Answer Short answer: New Hampshire does not have a single, statewide “small estate affidavit” that automatically replaces probate in every intestate case. In practice, some banks and companies will release small account balances to an heir or surviving spouse on the basis of an affidavit or their internal form, but other assets (especially real […]

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New Hampshire: What Happens if Mediation Fails in a Partition or Probate Dispute?

Short answer: If mediation in a New Hampshire partition or probate dispute does not produce an agreement, you generally still need to pursue the case in court. Mediation is a form of dispute resolution, not a replacement for the court process. If parties cannot settle, the court will decide outstanding issues—such as whether real property […]

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How to Open Probate in New Hampshire When You Live Out of State

Opening a New Hampshire Probate from Out of State: A Clear FAQ-Style Guide Disclaimer: I am not a lawyer. This article provides general information about New Hampshire probate procedures and is not legal advice. For advice about your specific situation, contact a New Hampshire probate attorney or the local probate court. Detailed Answer — How […]

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Settling a Parent’s Estate with Out-of-State Property — New Hampshire Guide

Detailed Answer This article explains, in plain language, the common steps someone typically follows under New Hampshire law when they must administer a parent’s estate in one state and also deal with property located in another state. It covers the two common scenarios you may face and practical steps you can take now. Two common […]

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New Hampshire: Steps to File and Record a Deed After a Spouse’s Death

Transferring real property after a spouse’s death in New Hampshire: what to expect and the steps to take Disclaimer: This is general information and not legal advice. Laws and local recording requirements change. Consult a licensed New Hampshire attorney or your county Register of Deeds for specific legal assistance. Detailed answer — how title can […]

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New Hampshire: Do I Need a Transfer-on-Death Deed or Payable-on-Death Designation if My Will Leaves Property to My Daughter?

Detailed Answer — How a will interacts with transfer-on-death (TOD) deeds and payable-on-death (POD) designations under New Hampshire law Short answer: a will alone does not avoid probate. If your goal is to transfer specific assets to your daughter outside of probate, a transfer-on-death mechanism (for real estate, a beneficiary or TOD deed; for bank […]

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Can I Require a Co‑heir to Reimburse an Appraisal Before an Estate Buyout? — New Hampshire

Can a co‑heir be required to reimburse an appraisal before an estate buyout? — New Hampshire Detailed Answer Short answer: sometimes — but it depends on who ordered the appraisal, whether a personal representative (executor/administrator) is handling the estate, whether the appraisal was a reasonable estate administration expense, and whether the other co‑heirs agreed (in […]

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How to Transfer a Parent's House After an Intestate Death in New Hampshire

Transferring a Parent's House After an Intestate Death in New Hampshire — FAQ Disclaimer: This is general information only and not legal advice. Consult a New Hampshire probate attorney or the local probate court for guidance about your specific situation. Detailed answer — How transfer works when a parent dies without a will in New […]

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Taking Over a Deceased Parent’s Mortgage in New Hampshire: What You Need to Know

How to take responsibility for a deceased owner’s mortgage in New Hampshire Disclaimer: This is general information only and not legal advice. Laws change and every situation differs. Consult a licensed New Hampshire attorney for advice specific to your circumstances. Detailed Answer — clear steps to follow under New Hampshire law If a parent dies […]

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New Hampshire: What to Do When an Heir Refuses to Move Out of Inherited Property

Detailed Answer When someone inherits real property in New Hampshire together with one or more other heirs, each heir generally becomes a co-owner. New Hampshire law gives co-owners certain rights and remedies, and the practical steps depend on whether title to the property has already passed to the heirs (after probate) or whether the property […]

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