What is Probate?
Probate in New Hampshire is the legal process of administering a deceased person’s estate, ensuring that debts are paid and assets are distributed according to the will or New Hampshire’s intestacy laws if no will exists.
Where is Probate Handled in New Hampshire?
Probate in New Hampshire is handled by the Probate Division of the Circuit Court in the county where the deceased resided at the time of death. New Hampshire has 10 counties, each with a Circuit Court that oversees probate matters.
Key Steps in the Probate Process in New Hampshire
- File the Will: The executor must file the will with the Probate Division of the Circuit Court. If there is no will, someone must apply to be appointed as the estate’s personal representative.
- Inventory and Appraise the Estate: The personal representative must inventory the deceased’s assets, such as real estate, financial accounts, and personal belongings, and provide a valuation to the court.
- Notify Creditors: The personal representative must notify known creditors directly, and a public notice must be published to alert any unknown creditors. Creditors typically have six months to file claims against the estate.
- Pay Debts and Taxes: The estate must settle all debts and pay final taxes, including any applicable state and federal taxes.
- Distribute Assets: After debts and taxes are paid, the remaining assets are distributed according to the will, or if no will exists, under New Hampshire’s intestacy laws.
When Is Probate Required in New Hampshire?
Probate is required in New Hampshire when the deceased owned assets solely in their name without a joint owner or beneficiary designation. Probate ensures these assets are properly transferred to heirs or beneficiaries.
Types of Probate in New Hampshire
- Voluntary Administration: A simplified process available for small estates valued under $25,000, which allows for quicker asset distribution without formal probate.
- Regular Administration: The standard probate process for larger or more complex estates, involving more court supervision.
- Summary Administration: A streamlined process used when all heirs agree on the estate’s distribution, with less court involvement.
Avoiding Probate in New Hampshire
Certain assets in New Hampshire can bypass probate, including jointly owned property, payable-on-death accounts, life insurance policies with named beneficiaries, and assets held in a trust.
How Long Does Probate Take in New Hampshire?
The probate process in New Hampshire typically takes six months to a year. Larger or contested estates may take longer to resolve.
Common Terms in the Probate Process in New Hampshire
- Affidavit for Small Estate: A legal document used to transfer small estates without formal probate.
- Intestate: Dying without a valid will.
- Letters Testamentary/Letters of Administration: Court-issued documents granting the personal representative the authority to manage the estate.
- Personal Representative: The individual responsible for administering the estate, also known as the executor or administrator.
If you have feedback, questions, or ideas for future articles or Information Hubs, please contact us. Your insights help us create valuable content.
