New Hampshire Small Estate Affidavit

Introduction

Key Things to Know

1. 1

   A small estate affidavit is a sworn statement that in many states lets a decedent's heir collect property without full probate; in New Hampshire, however, there is no small estate affidavit based on a dollar threshold.

2. 2

   New Hampshire's simplified route is a waiver of administration under RSA 553:32, and eligibility turns on relationship rather than on the value of the estate.

3. 3

   Administration may be waived when a sole beneficiary under the will serves as administrator, when a sole heir including a surviving spouse serves as administrator, when all beneficiaries or all heirs serve as co-administrators or assent to an appropriate person, when a trust is the sole beneficiary, or in the court's discretion (RSA 553:32).

4. 4

   A waiver of administration removes the requirement for an inventory of the estate, a bond, and an accounting of assets (RSA 553:32).

5. 5

   There is no fixed number of days to wait; the estate is opened with the probate division of the circuit court, and the administrator files an affidavit of administration not less than 6 months and no more than one year after the date of appointment.

6. 6

   Because a waiver of administration is still a form of administration, the New Hampshire route is not limited to personal property and can cover an estate that includes real estate.

7. 7

   The former voluntary administration for very small personal-property estates (RSA 553:32-a) is no longer available in New Hampshire, so a current estate uses waiver of administration or a fuller administration instead.

New Hampshire Requirements for Small Estate Affidavit

• No Dollar Threshold

  New Hampshire does not offer a small estate affidavit based on a dollar limit. The simplified route is a waiver of administration under RSA 553:32, for which eligibility turns on relationship, not on the value of the estate.

• Relationship-Based Eligibility

  Administration may be waived when a sole beneficiary under the will serves as administrator, when a sole heir including a surviving spouse serves as administrator, when all beneficiaries or all heirs serve as co-administrators or assent to an appropriate person, when a trust is the sole beneficiary, or in the court's discretion (RSA 553:32).

• An Administrator Must Still Be Appointed

  Unlike a present-to-the-bank affidavit, the New Hampshire route still opens the estate and appoints an administrator. The person serving must be appointed to serve as administrator, and where an appropriate person serves it must be with the assent of all beneficiaries or heirs (RSA 553:32).

• Filed With the Circuit Court Probate Division

  The estate is opened and administered through the probate division of the New Hampshire circuit court (RSA 553:32). This is not an out-of-court affidavit presented directly to a bank; it runs through the probate division.

• Waiver Removes Inventory, Bond, and Accounting

  A waiver of administration removes the requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting for assets (RSA 553:32). That is what makes the waiver route lighter than a full administration.

• Affidavit of Administration Timing

  There is no fixed number of days to wait after death. The administrator files an affidavit of administration not less than 6 months and no more than one year after the date of appointment (RSA 553:32), so the key timing runs from the appointment rather than from a set day count after death.

• Not Limited to Personal Property

  Because a waiver of administration is still a form of administration of the estate, the New Hampshire route is not limited to personal property and can cover an estate that includes real estate, unlike a personal-property small estate affidavit in many other states.

• Former Voluntary Administration No Longer Available

  New Hampshire formerly offered a voluntary administration under RSA 553:32-a for very small personal-property estates, but that route is no longer available. Do not rely on an older New Hampshire small estate dollar figure repeated online; use waiver of administration or a fuller administration instead.