Settling an Estate in New Hampshire
Reviewed by DocDraft Legal Team · New Hampshire · Last updated August 27, 2026
New Hampshire estates are handled by the Probate Division of the New Hampshire Circuit Court, the single trial court the state created in 2011 by folding its former probate, district, and family courts together. New Hampshire is not a Uniform Probate Code state and it has no dollar-based small estate affidavit. Its shortcut instead turns on who inherits: under RSA 553:32 an estate can proceed by waiver of administration where the person appointed is the surviving spouse, the sole heir, or the sole beneficiary taking the entire estate, and that waiver dispenses with the bond, the inventory, and the accounting altogether. The offsetting feature is time. Creditor exposure in New Hampshire runs from the grant of administration, not from death or from publication, and a creditor has six months to exhibit a demand and a full year to sue, which is at the long end of the national range.
Find out where you stand in New Hampshire
Where are you in settling the estate?
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Is probate required for every New Hampshire estate?
No. Joint property with survivorship, payable on death accounts, life insurance and retirement benefits with a living beneficiary, and trust assets all pass outside the estate. Where probate is needed, New Hampshire may still allow waiver of administration, which excuses the bond, the inventory, and the accounting entirely.
Which court handles probate in New Hampshire?
The Probate Division of the New Hampshire Circuit Court. New Hampshire merged its former probate, district, and family courts into a single Circuit Court in 2011, so the estate is filed with the Circuit Court location serving the county where the decedent lived, sitting in its probate capacity.
What is the small estate threshold in New Hampshire?
New Hampshire has no dollar based small estate affidavit. Its simplified route, waiver of administration under RSA 553:32, turns on relationship rather than value: the person appointed must take the whole estate as surviving spouse, sole heir, or sole beneficiary. Real estate is included, and the affidavit lists it by book and page.
How long does settling an estate take in New Hampshire?
Longer than in most states. Even a waiver of administration cannot be completed sooner than six months after appointment, and creditors have a full year from the grant of administration to bring suit under RSA 556:5. A straightforward New Hampshire estate therefore runs roughly nine to fifteen months.
A relationship test instead of a dollar limit, and a one year creditor tail
Two things set New Hampshire apart. The first is that it screens estates by who inherits rather than by how much is in them. Most states publish a small estate affidavit ceiling in dollars. New Hampshire does not. Under RSA 553:32 an estate qualifies for waiver of administration when the person appointed takes the whole estate, typically as the surviving spouse, the sole heir at law, or the sole beneficiary named in the will, and when the estate has no outstanding debts. A million dollar estate passing entirely to a surviving spouse can use the waiver, while a modest estate split among three children cannot. What the waiver buys is substantial: no bond, no inventory, and no accounting. The administrator instead files a single affidavit of administration stating that there are no outstanding debts or obligations and listing every parcel of real estate the decedent owned at death by location, book, and page, so New Hampshire real property is handled inside the shortcut rather than carved out of it. The waiver is not a private arrangement, though. Any interested person may petition for full administration at any point between the original grant and the filing of that affidavit. The second distinctive feature is the clock. RSA 556:3 requires a creditor to exhibit its demand to the administrator within six months after the original grant of administration, and RSA 556:5 gives that creditor a year from the same grant to begin suit. RSA 556:1 bars any suit during the first six months. The trigger is the grant of administration, not the date of death and not a publication date, so nothing the administrator does speeds it up. New Hampshire is a separate property state with no community property, so a dissatisfied surviving spouse waives the will and takes a statutory share instead, filed within the statutory period after appointment. New Hampshire imposes no state estate tax and no inheritance tax.
Relevant Laws
New Hampshire RSA 553:32 (Waiver of Administration)
Allows an estate to proceed without bond, without an inventory, and without an accounting where the appointed administrator takes the entire estate, and requires instead an affidavit of administration stating that there are no outstanding debts or obligations and listing all real estate owned at death by location, book, and page. The affidavit is filed not less than six months and not more than one year after appointment, and any interested person may petition for full administration before it is filed.
New Hampshire RSA 553:33 (Summary Administration)
Lets an administrator move to close a supervised estate not less than six months after the date of appointment, once further court supervision is no longer necessary. If the court grants the motion it closes the estate and releases the bond, and the administrator then completes distribution under the will and applicable law without further supervision. This is New Hampshire's back end substitute for the independent administration that Uniform Probate Code states elect at the outset.
New Hampshire RSA 556:5 (Suit Within One Year), with RSA 556:1 and RSA 556:3
RSA 556:3 requires a creditor to exhibit its demand to the administrator within six months after the original grant of administration. RSA 556:1 bars any action against the administrator begun within that first six months and requires that a demand have been exhibited and payment demanded. RSA 556:5 then requires any suit on a claim that existed against the decedent to be begun within one year after the original grant of administration, excluding any period during which the administration was suspended.
New Hampshire RSA 554:1 (Inventory)
Requires an administrator to file an itemized inventory of all real and personal property within ninety days of appointment, valued at fair market value as of the date of death with the basis for each value stated, and puts an administrator more than thirty days late into default.
Regional Variances
New Hampshire administration routes
Sole taker, no outstanding debts, any value
Waiver of administration under RSA 553:32, filed in the Circuit Court Probate Division. No bond, no inventory, no accounting. Real estate is included and is listed in the affidavit of administration by location, book, and page. Closing is by affidavit not less than six months and not more than one year after appointment. Value is irrelevant; what matters is that one person takes everything and the estate owes nothing.
Multiple beneficiaries or outstanding debts
Full supervised administration in the Circuit Court Probate Division. Bond is required unless waived by the will or by the court, the RSA 554:1 inventory is due within ninety days of appointment, and an account of administration follows. The six month demand window of RSA 556:3 and the one year suit deadline of RSA 556:5 apply in full on this track.
Supervised estate ready to close at six months
Summary administration under RSA 553:33. Once six months have run from appointment and further supervision is unnecessary, the administrator moves to close. The court closes the estate and releases the bond, and the administrator finishes distribution unsupervised. This is an exit from supervision granted part way through, not a track selected when the estate is opened.
Deaths before January 1, 2006
Voluntary or small estate administration, the older dollar-capped route, remains the applicable procedure only for decedents who died before that date. It is not available for a current death, which is why New Hampshire has no small estate affidavit dollar figure to quote and why relationship, not value, is the screening question today.
New Hampshire deadlines and mechanics
Creditor demand
Six months from the original grant of administration under RSA 556:3, exclusive of any period the administration was suspended. RSA 556:1 also bars any suit against the administrator during those six months, so the estate cannot realistically close before the half year mark on any track.
Creditor suit
One year from the original grant of administration under RSA 556:5. This is the long tail that shapes New Hampshire practice. Because it runs from the grant rather than from death or from publication, delaying the appointment delays the whole window rather than shortening it.
Inventory
Ninety days from appointment under RSA 554:1, itemized, at date of death fair market value, stating how each value was determined, whether by appraisal, tax information, bank statement, or another source. An administrator thirty days past the deadline is in default and the clerk sends notice. Waived entirely on the RSA 553:32 track.
Court structure
New Hampshire has no standalone probate court. The Probate Division of the New Hampshire Circuit Court hears estates, and the same Circuit Court also carries district and family divisions, so the building that handles a small claim may also hold the estate file. Filings are keyed to the county where the decedent was domiciled.
Suggested Compliance Checklist
Record the grant of administration date and calendar off it
At appointment days after startingEvery New Hampshire deadline runs from the grant of administration rather than from the date of death. Diary ninety days for the RSA 554:1 inventory, six months for the RSA 556:3 creditor demand window and the earliest closing date, and one year for the RSA 556:5 suit deadline. Nothing the administrator does moves these dates forward.
Determine whether one person takes the entire estate
Weeks 1-3 days after startingRead the will, or apply the RSA chapter 561 intestacy rules, and decide whether a single person, usually the surviving spouse or a sole heir, receives everything. That answer, not the size of the estate, determines whether RSA 553:32 waiver of administration is available. Confirm separately that the estate has no outstanding debts, because the affidavit requires swearing to that.
Prepare the affidavit of administration if the waiver applies
6 to 12 months after appointment days after startingOn the RSA 553:32 track the estate closes on an affidavit of administration stating that there are no outstanding debts or obligations and listing every parcel of real estate the decedent owned at death with its location, book, and page. It cannot be filed sooner than six months or later than one year after appointment, and an interested person may still force a full administration until it is filed.
File the itemized inventory within ninety days
Within 90 days of appointment days after startingOn a supervised administration, RSA 554:1 requires a full itemized inventory of all real and personal property at fair market value as of the date of death, stating how each value was determined. Filing more than thirty days late puts the administrator in default and triggers a clerk's notice, so gather appraisals and date of death account statements early.
Hold distributions until the creditor periods are satisfied
Through 12 months after appointment days after startingDo not distribute to beneficiaries while a demand exhibited under RSA 556:3 is unresolved or the RSA 556:5 one year suit period is still running on a known dispute. An administrator who empties the estate and then meets a valid claim can be held personally responsible. Where the estate is clearly solvent and quiet at six months, consider an RSA 553:33 motion for summary administration instead.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Record the grant of administration date and calendar off it | Every New Hampshire deadline runs from the grant of administration rather than from the date of death. Diary ninety days for the RSA 554:1 inventory, six months for the RSA 556:3 creditor demand window and the earliest closing date, and one year for the RSA 556:5 suit deadline. Nothing the administrator does moves these dates forward. | - | At appointment |
| Determine whether one person takes the entire estate | Read the will, or apply the RSA chapter 561 intestacy rules, and decide whether a single person, usually the surviving spouse or a sole heir, receives everything. That answer, not the size of the estate, determines whether RSA 553:32 waiver of administration is available. Confirm separately that the estate has no outstanding debts, because the affidavit requires swearing to that. | - | Weeks 1-3 |
| Prepare the affidavit of administration if the waiver applies | On the RSA 553:32 track the estate closes on an affidavit of administration stating that there are no outstanding debts or obligations and listing every parcel of real estate the decedent owned at death with its location, book, and page. It cannot be filed sooner than six months or later than one year after appointment, and an interested person may still force a full administration until it is filed. | small-estate-affidavit | 6 to 12 months after appointment |
| File the itemized inventory within ninety days | On a supervised administration, RSA 554:1 requires a full itemized inventory of all real and personal property at fair market value as of the date of death, stating how each value was determined. Filing more than thirty days late puts the administrator in default and triggers a clerk's notice, so gather appraisals and date of death account statements early. | asset-inventory | Within 90 days of appointment |
| Hold distributions until the creditor periods are satisfied | Do not distribute to beneficiaries while a demand exhibited under RSA 556:3 is unresolved or the RSA 556:5 one year suit period is still running on a known dispute. An administrator who empties the estate and then meets a valid claim can be held personally responsible. Where the estate is clearly solvent and quiet at six months, consider an RSA 553:33 motion for summary administration instead. | - | Through 12 months after appointment |
Frequently Asked Questions
Only for old estates. New Hampshire's voluntary or small estate administration, the dollar-capped route that once worked like a small estate affidavit, applies only where the decedent died before January 1, 2006. For any current death the simplified options are waiver of administration under RSA 553:32 at the front end and summary administration under RSA 553:33 after six months. Court forms and older guides that still describe voluntary administration are describing a closed route.
Yes. New Hampshire holds the estate open to creditor suits for a full year after the grant of administration under RSA 556:5, and a demand exhibited within the six month window of RSA 556:3 remains live even after the assets are gone. An administrator who pays the heirs and then faces a valid demand with an empty estate can be surcharged. The waiver affidavit compounds the risk, because signing it means swearing there are no outstanding debts.
New Hampshire's intestacy statutes in RSA chapter 561 control, and the surviving spouse's share depends on who else survives. A spouse takes the entire estate only where there are no surviving descendants and no surviving parents of the decedent. Where there are children of the marriage, or children from another relationship, or a surviving parent, the spouse takes a fixed sum plus a fraction of the balance and the rest passes to those relatives. New Hampshire has no community property.
The direct costs are the Circuit Court filing fee, certified copies, a surety bond premium where bond is required, and any appraisal needed for the inventory. Attorney fees are usually the largest line and are typically hourly rather than a percentage. New Hampshire does not fix a statutory commission percentage; an administrator is entitled to reasonable compensation for services, which the Probate Division reviews. A waiver estate avoids the bond, inventory, and accounting costs entirely.
Real estate is governed by the law of the state where it sits, so a New Hampshire estate that includes a Maine camp or a Florida condominium generally needs an ancillary proceeding in that other state in addition to the New Hampshire administration. The New Hampshire Circuit Court appointment does not by itself convey authority over out of state land. The reverse also holds: a non-resident who dies owning New Hampshire real estate needs a New Hampshire filing.
Other New Hampshire guides
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