New Hampshire Small Estate Affidavit
In New Hampshire there is no dollar-threshold small estate affidavit. Small estates use waiver of administration under RSA 553:32, which turns on relationship, not estate value. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that, in many states, lets a decedent's heir collect the estate's property without full probate once the estate is small enough to qualify under a dollar limit. New Hampshire works differently, and it is important to know that before you start: New Hampshire does not offer a small estate affidavit based on a dollar threshold. Instead, the simplified route is a waiver of administration under New Hampshire RSA 553:32, and eligibility turns on relationship, not on estate value. Administration of an estate may be waived when, for example, an individual is named in the will as the sole beneficiary and is appointed to serve as administrator, when a sole heir including a surviving spouse is appointed to serve as administrator, or when all beneficiaries or all heirs serve as co-administrators or assent to an appropriate person. A waiver of administration removes the requirement for an inventory of the estate, a bond, and an accounting of assets. 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. The former voluntary administration for very small estates (RSA 553:32-a) is no longer available. DocDraft builds your New Hampshire estate documents from your facts, with attorney review available before you file.
Key Things to Know
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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.
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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.
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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).
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A waiver of administration removes the requirement for an inventory of the estate, a bond, and an accounting of assets (RSA 553:32).
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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.
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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.
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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.
Key decisions before you file
Before you file a Small Estate Affidavit in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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New Hampshire Requirements for Small Estate Affidavit
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.
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).
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).
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.
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.
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.
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.
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.
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Check my Small Estate AffidavitFrequently Asked Questions
In most states a small estate affidavit is a sworn statement that lets an heir collect a decedent's property without full probate once the estate is under a dollar limit. New Hampshire does not have that. New Hampshire's closest simplified route is a waiver of administration under RSA 553:32, which is available based on the relationship between the decedent and the person serving as administrator, not on the value of the estate. It removes the inventory, bond, and accounting that a fuller administration would require.
In states that have one, a small estate affidavit skips probate entirely for small estates. New Hampshire instead offers a lighter form of probate: a waiver of administration under RSA 553:32 still opens the estate with the probate division of the circuit court and appoints an administrator, but it removes the requirement for an inventory, a bond, and an accounting. So the New Hampshire difference is not affidavit versus probate; it is a streamlined administration versus a full one, and it depends on relationship rather than a dollar limit.
No. New Hampshire does not set a dollar threshold for a small estate affidavit, because it does not use a dollar-threshold affidavit at all (RSA 553:32). Eligibility for a waiver of administration turns on relationship, such as a sole heir or sole beneficiary who serves as administrator, or all heirs or beneficiaries serving together. The former voluntary administration for personal-property estates of a small value is no longer available, so there is no current New Hampshire small estate dollar figure to report.
New Hampshire does not use a fixed number of waiting days the way a 30-day or 40-day affidavit state does. Instead, the estate is opened with the probate division of the circuit court, an administrator is appointed, and that 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 New Hampshire timing runs from the appointment, not from a set count of days after death.
Under RSA 553:32, administration may be waived when an individual is named in the will as the sole beneficiary and is appointed to serve as administrator; when all beneficiaries serve as co-administrators or an appropriate person serves with their assent; when a trust is the sole beneficiary and an appropriate person serves with the trustees' assent; when a sole heir, including a surviving spouse, is appointed to serve as administrator; when all heirs serve as co-administrators or an appropriate person serves with their assent; or in the discretion of the court.
Yes. Because a waiver of administration under RSA 553:32 is still a form of administration of the estate, it is not limited to personal property the way a personal-property affidavit is in many states. That means a New Hampshire estate that includes real estate can be settled through a waiver of administration when the relationship conditions are met, rather than needing a separate real property procedure on top of an affidavit.
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. A current New Hampshire estate uses a waiver of administration under RSA 553:32 when the relationship conditions are met, or a fuller administration otherwise. Because the old dollar-based shortcut is gone, do not rely on an older New Hampshire small estate dollar figure you may see repeated online.
Under a waiver of administration, the administrator does not file an inventory, a bond, or an accounting, but must file an affidavit of administration with the probate division not less than 6 months and no more than one year after appointment (RSA 553:32). The affidavit is sworn, so it should reflect an honest settling of the estate. When heirs disagree, a creditor may be owed, or the estate is complex, a full administration or attorney review is the safer path in New Hampshire.