New Hampshire · 2nd Circuit, Probate Division, New Hampshire Circuit Court (RSA 490-F)
Grafton County Circuit Court probate division Guide
Circuit Court probate division information · Updated August 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingTown of Haverhill - Town Clerk
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
First 30 days
Deposit the Will
Anyone holding a will must deliver it to the court of probate or to the person named in it as executor within 30 days after learning of the death (RSA 552:2). The person named as executor must file the will with the probate court within 30 days after the death or after learning of the nomination, whichever is later, and must then either have the will proved or file a written refusal to serve if the estate has assets, or file the will with a death certificate and no administration if it has none (RSA 552:3). Neglect of either duty forfeits $20 per month of delay to any person interested in the will unless the court accepts an excuse (RSA 552:4); that forfeiture is civil, not criminal. File with the Circuit Court, Probate Division for the county where the decedent lived, not with a Register of Probate. Neither Rule 169 nor the 07/01/2025 published schedule prints a fee for filing a will without administration, so no amount is stored; that is an absence, not a confirmed $0. (RSA 552:2, RSA 552:3)
Creditor claim window
Creditors generally have 6 months from original grant of administration to bring claims against the estate. (RSA 556:3, RSA 556:1, RSA 556:5, RSA 556:29)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the New Hampshire small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Available to all estates other than those governed by RSA 553:32. It eliminates the final account and the receipts for the balance of the estate; every other required filing still happens. On granting the motion the court closes the estate and releases the bond and the administrator finishes without further court supervision. This is a route for a clean, debt-free estate, NOT a route for a small one: New Hampshire attaches no dollar limit to it. The motion carries a $105.00 statewide filing fee under Rule 169, charged on top of the entry fee already paid to open the estate.
- The estate has been open at least 6 months
- No outstanding debts, obligations or unpaid or unresolved claims
- No New Hampshire estate tax due, or paid with an RSA 87:26 certificate filed
- No federal estate tax due, or the return filed and the tax paid
- Receipts or assents from all specific legatees and assents from everyone else beneficially interested
- Qualifies:
- No dollar threshold. The estate must have been open at least 6 months, have no outstanding debts, obligations or unresolved claims, owe no New Hampshire or federal estate tax, and no longer need court supervision, with receipts or assents from all specific legatees and assents from everyone else beneficially interested.
- Typical duration:
- 7-12 months
- Attorney:
- not required by law, though many families use one
The default New Hampshire route. An administrator is appointed on a Petition for Estate Administration (NHJB-2145-Pe), gives bond unless it is waived, files an itemized inventory with date-of-death values within 90 days of appointment (RSA 554:1), publishes notice of appointment unless the gross value is $10,000 or less (RSA 553:16), files an account within one year of appointment and annually after that (RSA 554:26-a), and closes on an allowed final account. New Hampshire's statutory term for the person in charge is ADMINISTRATOR (RSA 553:1), which covers executors too; New Hampshire is not a Uniform Probate Code state and "personal representative" is not a New Hampshire term.
- File the will with the Circuit Court, Probate Division within 30 days if there is one (RSA 552:2, RSA 552:3)
- File a Petition for Estate Administration (NHJB-2145-Pe, e-file only) with a certified death record
- Give bond, unless the judge waives it or the gross estate is $25,000 or less and a personal bond without sureties suffices (RSA 553:13, II)
- File an itemized inventory with date-of-death values within 90 days of appointment (RSA 554:1)
- File an account of administration within one year of appointment and annually after that (RSA 554:26-a)
- Qualifies:
- No dollar threshold. This is the default route for any New Hampshire estate that does not qualify for waiver of administration under RSA 553:32.
- Typical duration:
- 12-24 months
- Attorney:
- not required by law, though many families use one
The administrator is appointed, files an inventory within 90 days, publishes notice, pays claims in the RSA 554:19 order, files an account within one year and annually after that, and closes on an allowed final account. New Hampshire calls the person in charge the ADMINISTRATOR (RSA 553:1); executor is used for the person named in a will. There is no 'personal representative' in New Hampshire practice.
- File the will within 30 days if there is one (RSA 552:2, RSA 552:3)
- File a Petition for Estate Administration with a certified death record (RSA 553:1-a)
- Give bond, unless the judge waives it or the estate is $25,000 or less and a personal bond without sureties is enough (RSA 553:13)
- Notify legatees, the surviving spouse and heirs within 60 days and certify to the judge within 90 days (RSA 552:15)
- File an itemized inventory with date-of-death values within 90 days of appointment (RSA 554:1)
- File an account of administration within one year of appointment and annually after that (RSA 554:26-a)
- Qualifies:
- No threshold. This is the default route for any estate that does not qualify for waiver of administration.
- Attorney:
- not required by law, though many families use one
New Hampshire's real shortcut, and it is not a small-estate route. Waiver of administration removes the inventory, the bond and the accounting entirely. It is available where a sole beneficiary under a will is appointed administrator; where all will beneficiaries are appointed co-administrators or an appropriate person is appointed with all their assent; where a trust is sole beneficiary and an appropriate person is appointed with all trustees' assent; where a sole intestate heir, which may be the surviving spouse, is appointed; where all intestate heirs are appointed co-administrators or an appropriate person is appointed with all their assent; or where the court in its discretion determines it appropriate. The administrator closes by filing an affidavit of administration not less than 6 months and not more than one year after appointment. Any interested person may petition for full administration before the affidavit is filed.
- Fall within one of the six situations in RSA 553:32, I(a)
- File the assents the situation requires (NHJB-3233-Pe, Assent to Waiver of Full Administration)
- File an affidavit of administration between 6 and 12 months after appointment, stating there are no outstanding debts or obligations and listing every parcel of real estate the decedent owned with its location, book and page
- Qualifies:
- No dollar threshold. Qualification turns on RELATIONSHIP AND CONSENT, in one of six situations listed in RSA 553:32, I(a).
- Typical duration:
- 7-12 months
- Attorney:
- not required by law, though many families use one
No separate filing fee. The estate still opens on a Petition for Estate Administration priced on the three gross-value tiers, and Rule 169 adds no line item for this route.
New Hampshire enacted the Uniform Real Property Transfer on Death Act as RSA 563-D, effective July 1, 2024. An owner may record a transfer on death deed during life naming one or more beneficiaries who take the described real property at the owner's death, outside probate. The deed is revocable, has no effect during the owner's life, and a statutory form is supplied at RSA 563-D:19.
- Meets the RSA 477:3 deed formalities: signed by the grantor, acknowledged before a justice, notary public or commissioner, and showing the grantee's mailing address
- Bears the title 'Transfer on Death Deed'
- States that the transfer to the designated beneficiary occurs at the transferor's death
- Recorded BEFORE the transferor's death, AND within 60 days following the date of execution, at length in the registry of deeds for each county where the real estate lies
- Qualifies:
- Not applicable. It avoids probate for the described real property.
- Attorney:
- not required by law, though many families use one
The administrator may petition for an initial determination that the estate is insolvent. Granting the petition stays actions and suits against the deceased or the administrator, with exceptions for insured matters and where the court lifts the stay, and the order may waive the inventory or any accounts. No sooner than 6 months after the grant of administration the administrator petitions for an order distributing assets in the RSA 554:19 priority order; beneficially interested persons get 30 days to object, and the administrator distributes no sooner than 30 days after the order and is then discharged from all creditor claims.
- Qualifies:
- Known claims and expenses of administration exceed the value of the assets.
- Attorney:
- not required by law, though many families use one
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
New Hampshire Judicial Branch Self-Help and Court Navigators (statewide; nearest counter is the 2nd Circuit - Probate Division - Haverhill) can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Vehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
New Hampshire Division of Motor Vehicles, New Hampshire Department of Safety (Bureau of Title and Anti-Theft, 23 Hazen Drive, Concord, NH 03305)
Transfer scenarios
Surviving Spouse - Automatic Survivorship (RSA 261:17)
Documents needed:
- The existing New Hampshire certificate of title, if one was issued
- A copy of the death record for the deceased spouse
- The surviving spouse's signature on the certificate of title
- For registration: the title and any lienholder information plus a copy of the spouse's death certificate, taken to the town or city clerk
Where a certificate of title has already been issued, RSA 261:17, I lets the surviving spouse transfer the vehicle under RSA 261:14 without obtaining a new certificate of title first: the spouse's signature on the certificate plus a copy of the death record is expressly deemed valid and sufficient for a proper transfer. Where no certificate of title was ever issued and the transfer requires one, RSA 261:17, II directs that a first certificate of title issue immediately to the spouse on an application to the department containing the RSA 261:4, I(a) and (b) information, accompanied by a copy of the death record and the required fee. To keep driving the vehicle, take the title and any lienholder information and a copy of the spouse's death certificate to the town or city clerk to transfer the registration.
RSA 261:20, III-a charges NO fee for a first certificate of title that has passed to a surviving spouse by rights of survivorship, provided the application is in the surviving spouse's name alone and is made within 13 months of the decedent's date of death. Outside that window the ordinary $35 fee applies. RSA 261:18 continues any existing lien automatically through an RSA 261:17 transfer.
Surviving Joint Owner - 'Or' Versus 'And' on the Title (RSA 261:17, III)
Documents needed:
- The existing New Hampshire certificate of title showing both owners
- A copy of the death record for the deceased owner
- The surviving owner's signature on the record
On the death of one joint owner with survivorship, RSA 261:17, III lets the surviving owner transfer the vehicle under RSA 261:14 without obtaining a new title, and continue to register it without obtaining a new title. The signature of the surviving owner on the record plus a copy of the death record is deemed valid and sufficient for the transfer. The surviving owner's birth month then determines the registration renewal month under RSA 261:62.
One of the joint owners may be a nonresident, who is exempt from the RSA 261:71 residency requirement for this purpose only. If the title shows two names joined by 'and' with no survivorship designation, this route does not apply and the decedent's interest passes through the estate under RSA 261:16.
Sole Owner With No Survivorship - Court-Appointed Administrator (RSA 261:16)
Documents needed:
- The last New Hampshire certificate of title, if available (apply for a duplicate on TDMV 18 if it is lost)
- A certified copy of the death certificate
- The certificate of appointment or letters of administration issued by the Circuit Court, Probate Division
- An application for a certificate of title (TDMV 23A), prepared by the town or city clerk
- The $35 title fee
Open an administration in the Circuit Court, Probate Division for the county where the decedent lived and obtain the certificate of appointment. Take that document, the death certificate and the existing title to the town or city clerk where the vehicle is registered. The clerk prepares the TDMV 23A title application and forwards it to the DMV, which issues a new certificate in the name of the estate or of the person entitled to the vehicle. Registration is handled in the same visit if the clerk is a Municipal Agent.
New Hampshire imposes no deadline for the transfer itself, but RSA 261:16, I says 'promptly', and RSA 261:20, II adds a penalty equal to the fee for any document not delivered to the department within 20 days of when it was required to be delivered. RSA 261:66, I confirms that the owner's death alone does not end the registration; it ends on an actual transfer of ownership, so keep insurance in force until then.
Small Estate - New Hampshire Has No Affidavit Route
Documents needed:
- The certificate of appointment or letters of administration from the Circuit Court, Probate Division (required even under RSA 553:32 or RSA 553:33)
- A certified copy of the death certificate
- The last New Hampshire certificate of title, if available
- An application for a certificate of title (TDMV 23A), prepared by the town or city clerk
- The $35 title fee
Petition the Circuit Court, Probate Division for appointment as administrator, requesting waiver of administration under RSA 553:32 if one individual is the sole beneficiary or sole heir and will serve, or if every beneficiary or heir consents. Once appointed, transfer the vehicle on the ordinary RSA 261:16 path above. A surviving spouse should check RSA 261:17 first, because a married owner's family-purpose vehicle never reaches this route at all.
Three dollar figures circulate in New Hampshire probate and none of them creates a route to a vehicle title: the $10,000 in RSA 553:16 waives publication of the notice of appointment, the $25,000 in RSA 553:13, II allows a personal bond without sureties, and the tiered $10,000 and $25,000 amounts in the Circuit Court fee schedule are filing-fee brackets. New Hampshire also has no 'voluntary administration'; that term belongs to Massachusetts and Maine.
Forms
- Application for Certificate of Title(TDMV 23A)(Not published for download. The official DMV forms page states: 'Applications for a Certificates of Title (TDMV 23A) may only be obtained at your Town or City Clerk's office.' It is a controlled document that only a New Hampshire town or city clerk, a New Hampshire licensed dealer, or a lienholder may prepare, so there is no URL to store and none was invented.)
- Application for Duplicate Certificate of Title(TDMV 18)(The form itself prints the fee as '$35.00 (RSA 261:20)'. If the vehicle is jointly owned, all owners' signatures are required. Mail to NH Dept. of Safety, DMV - Title, 23 Hazen Drive, Concord NH 03305, or drop it off at most DMV offices.)
- Release of Lien or Other Encumbrances(TDMV 20A)(The DMV Title FAQ links an older version of the same form numbered TDMV 20; TDMV 20A is the version indexed on the official Forms page and is the one to use.)
- Verification of Vehicle Identification Number(TDMV 19A)
- Report of Sale or Transfer of a Non-Titled Motor Vehicle(TDMV 22A)(Submit with either a current or expired New Hampshire certificate of registration or a valid New Hampshire or out-of-state certificate of title. A TDMV 19A VIN verification may also be required.)
- Odometer Disclosure Statement(TDMV 12)
Fees
Fee amounts read at the live RSA on 2026-08-03 and current as of that date. Two New Hampshire specifics worth carrying into any content: RSA 261:20, III-a charges NO fee at all for a first certificate of title passing to a surviving spouse by rights of survivorship where the application is in the spouse's name alone and is made within 13 months of the date of death; and RSA 261:20, II imposes a penalty equal to the fee on any application or document not delivered to the department within 20 days of when it was required to be delivered.
Lost or duplicate title
When the original New Hampshire certificate of title is lost, stolen, mutilated or destroyed or has become illegible. An estate that cannot find the decedent's title applies for a duplicate first, then transfers.
Complete TDMV 18 and submit it with a check or money order for $35.00, plus a lien release if a lien was recorded. Applications may be dropped off at most DMV offices or mailed to NH Dept. of Safety, DMV - Title, 23 Hazen Drive, Concord NH 03305. The duplicate is produced and mailed to the vehicle's owner within five to ten calendar days. Once a duplicate issues, the original title is no longer valid, and anyone who later recovers the original must surrender it to the department under RSA 261:12, III.
Fee: $35
If a lien was recorded on the vehicle when it was purchased, a Release of Lien or Other Encumbrances (TDMV 20A) signed by the lienholder must accompany the duplicate application. Under RSA 261:12, I the first lienholder, or if there is none the owner or the legal representative of the owner named in the certificate, is the person who applies.
Helpful resources
- NH DMV - Apply for a Title
Official page on who may prepare a New Hampshire title application, how to apply for a duplicate title, and how long a new title takes.
- NH DMV - Title Frequently Asked Questions
Official answers on joint tenancy with rights of survivorship, the 'or' versus 'and' rule, automatic survivorship for a married couple, and which vehicles New Hampshire does not title.
- NH DMV - Vehicle Registrations
Official page on the two-part town or city plus state registration process, including the instruction for a surviving spouse transferring a registration.
- NH DMV Form TDMV 18 - Application for Duplicate Certificate of Title
Official fillable form for replacing a lost, stolen or destroyed New Hampshire title, printing the $35.00 fee and its RSA 261:20 authority.
- NH DMV - Forms
Official index of every TDMV title form, and the statement that the TDMV 23A title application may only be obtained at a town or city clerk's office.
- NH DMV - DMV Locations
Official locator for all 15 New Hampshire DMV locations, with addresses, days and the services each one handles.
- RSA 261:17 - Joint Tenancy With Rights of Survivorship
The statute that passes a married resident owner's family-purpose vehicle to the surviving spouse automatically, and sets the 'and' versus 'or' rule for other joint owners.
- RSA 261:20 - Fees
The title fee schedule, the 20-day late-delivery penalty, and the paragraph III-a fee waiver for a surviving spouse who applies within 13 months of death.
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle sources (22)
- https://www.dmv.nh.gov/vehicles-boats-or-titles/apply-title
- https://www.dmv.nh.gov/vehicles-boats-or-titles/apply-title/title-frequently-asked-questions
- https://www.dmv.nh.gov/vehicles-boats-or-titles/purchasing-or-selling-titled-vehicle
- https://www.dmv.nh.gov/vehicles-boats-or-titles/vehicle-registrations
- https://www.dmv.nh.gov/forms
- https://www.dmv.nh.gov/hours-and-locations/dmv-locations
- https://www.dmv.nh.gov/contact-us
- https://www.dmv.nh.gov/dmv-partners/municipal-agents
- https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/tdmv18.pdf
- https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/tdmv20a.pdf
- https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/tdmv19a.pdf
- https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/tdmv22a.pdf
- https://www.dmv.nh.gov/sites/g/files/ehbemt416/files/inline-documents/tdmv12.pdf
- https://gc.nh.gov/rsa/html/XXI/261/261-12.htm
- https://gc.nh.gov/rsa/html/XXI/261/261-14.htm
- https://gc.nh.gov/rsa/html/XXI/261/261-16.htm
- https://gc.nh.gov/rsa/html/XXI/261/261-17.htm
- https://gc.nh.gov/rsa/html/XXI/261/261-20.htm
- https://gc.nh.gov/rsa/html/XXI/261/261-66.htm
- https://gc.nh.gov/rsa/html/LVI/553/553-1.htm
- https://gc.nh.gov/rsa/html/LVI/553/553-32.htm
- https://gc.nh.gov/rsa/html/LVI/553/553-33.htm
Sources for this page (14)
The facts above come from these official sources. Verify current details with the office before filing.
- courts.nh.govhttps://www.courts.nh.gov/your-visit/find-court/2nd-circuit-probate-division-haverhill
- courts.nh.govhttps://www.courts.nh.gov/our-courts/circuit-court/probate-division
- courts.nh.govhttps://www.courts.nh.gov/our-courts/circuit-court/probate-division/forms/all-forms-alphabetical-order
- courts.nh.govhttps://www.courts.nh.gov/self-help/estates
- courts.nh.govhttps://www.courts.nh.gov/resources/electronic-services/circuit-court/self-represented-parties-and-other-non-attorney-filers
- courts.nh.govhttps://www.courts.nh.gov/supplemental-rules-circuit-court-new-hampshire-electronic-filing
- courts.nh.govhttps://www.courts.nh.gov/self-help/record-checks
- courts.nh.govhttps://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-probate-division/rule-169-fees
- courts.nh.govhttps://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/filing_fees.pdf
- odypa.nhecourt.ushttps://odypa.nhecourt.us/portal
- gc.nh.govhttps://gc.nh.gov/rsa/html/LI/490-F/490-F-4.htm
- gc.nh.govhttps://gc.nh.gov/rsa/html/LVI/553/553-32.htm
- gc.nh.govhttps://gc.nh.gov/rsa/html/LVI/553/553-33.htm
- gc.nh.govhttps://gc.nh.gov/rsa/html/LVI/556/556-3.htm
You've seen what probate involves. Here's how to spare your own family.
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See how to avoid probate in New HampshireFrequently Asked Questions
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Verified against 2nd Circuit - Probate Division - Haverhill on August 3, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Hampshire can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.