New Hampshire Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a Petition for Estate Administration, official form NHJB-2145-Pe, filed with the New Hampshire Circuit Court, Probate Division, through the statewide Estate E-Filing Center. One filing covers probate of the will and appointment, and the statute calls the appointee an administrator, which includes an executor (RSA 553:1). The e-filing system guides filers to the correct forms, and the court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints an administrator or executor and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor period runs.

3. 3

   A person holding a will must deliver it to the probate court or the named executor within 30 days after learning of the death, with a $20 penalty for each month of neglect after the 30 days unless the court accepts an excuse (RSA 552:2, 552:4). A named executor must file the will within 30 days after the death or after learning of the nomination, whichever is later (RSA 552:3). Ask the court or the Estate E-Filing Center whether any outer time limit applies to opening probate.

4. 4

   Priority for appointment is the executor named in the will, then the widow, husband or next of kin or a suitable person they nominate, then a devisee or creditor, then any other person the judge thinks proper (RSA 553:2). A lower-priority person is not appointed until those ahead have renounced in writing or neglected for 30 days after death to apply (RSA 553:3). A nonresident is not appointed merely by right to the trust unless the judge finds other circumstances make it proper (RSA 553:5), and a nonresident appointee must name a New Hampshire resident agent on form NHJB-2120-Pe (RSA 553:25). The court decides who serves and appointment is not guaranteed.

5. 5

   Notice to heirs and beneficiaries comes after appointment: within 60 days the executor must notify each legatee named in the will, the surviving spouse and known heirs at law that the will has been proved, and within 90 days certify to the judge that notice was given (RSA 552:15). Notice is on the court's form, delivered in person or by prepaid mail (RSA 552:16). The petition must list the surviving spouse and known heirs with relationships and addresses (RSA 552:5-a).

6. 6

   Creditors: within 15 days of appointment the clerk causes notice to be published, except when the estate's gross value is $10,000 or less (RSA 553:16). A claim demand must be exhibited to the administrator within six months after the original grant of administration, not counting time administration was suspended (RSA 556:3); notice of the claim by registered mail counts (RSA 556:2), and suit must be begun within one year after the grant (RSA 556:5). Bond is required, with sufficient sureties in an amount the judge approves or other security acceptable to the judge; for an estate of $25,000 or less only a personal bond without sureties is required, and the judge may waive bond (RSA 553:13).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate. A named executor of an estate with no assets files the will with no administration (RSA 552:3). A waiver of administration (RSA 553:32) is requested when probate is opened, and its closing affidavit is filed not less than 6 months and not more than one year after appointment. The summary administration closing motion (RSA 553:33, form NHJB-2149-Pe) comes after appointment. Neither avoids opening probate. For small-estate options, see DocDraft's small-estate-affidavit page.

New Hampshire Requirements for Petition for Probate

• Circuit Court Probate Division, E-Filing

  Estates are handled by the New Hampshire Circuit Court, Probate Division, and filed electronically through the statewide Estate E-Filing Center, not at a county registry.

• Petition for Estate Administration, NHJB-2145-Pe

  One filing covers probate of the will and appointment. The statute calls the appointee an administrator, which includes an executor (RSA 553:1). The court's form controls over any draft.

• 30-Day Will Delivery and Filing Duties

  A will holder must deliver the will within 30 days after learning of the death (RSA 552:2). A named executor must file the will within 30 days after the death or after learning of the nomination, whichever is later (RSA 552:3). A will holder who neglects delivery after the 30 days can owe $20 per month of neglect unless the court accepts an excuse (RSA 552:4).

• Order of Priority for Appointment

  Priority runs to the named executor, then the widow, husband or next of kin or their nominee, then a devisee or creditor, then any person the judge thinks proper. Lower priority waits for written renunciation or 30 days of neglect (RSA 553:2, 553:3).

• Nonresident Needs a Resident Agent

  A nonresident is not appointed merely by right unless the judge finds it proper (RSA 553:5). A nonresident appointee must name a New Hampshire resident agent on form NHJB-2120-Pe (RSA 553:25).

• Heirs and Spouse Listed in the Petition

  The petitioner must file a list of the surviving spouse and known heirs at law with names, relationships and addresses (RSA 552:5-a).

• Notice After Appointment

  Within 60 days after appointment the executor notifies legatees, the surviving spouse and known heirs, and within 90 days certifies to the judge that notice was given (RSA 552:15, 552:16).

• Creditor Notice and Claims Period

  The clerk publishes notice within 15 days of appointment unless the estate is $10,000 or less (RSA 553:16). Demands are due within six months and suit within one year after the original grant (RSA 556:3, 556:5).

• Bond Tiers and Waiver

  Bond with sureties in an amount the judge approves, or other security acceptable to the judge, is required. An estate of $25,000 or less needs only a personal bond, and the judge may waive bond (RSA 553:13).