Sullivan County Circuit Court probate division Guide

New Hampshire's summary administration is NOT a small-estate route and has no dollar cap. It applies to estates other than those under RSA 553:32 once the estate has been open at least 6 months, there are no outstanding debts, obligations or unresolved claims, no New Hampshire estate tax is due (or it is paid with an RSA 87:26 certificate on file), no federal estate tax is due or the return is filed and paid, and court supervision is no longer needed. Every specific legatee gives a receipt or assent and everyone else beneficially interested assents. Granting the motion closes the estate, releases the bond and eliminates the final account and the receipts for the balance of the estate; all other required filings still happen.

• 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
• File Motion for Summary Administration and Assent (NHJB-2149-P)

Qualifies:

No dollar limit - the estate must have been open at least 6 months with no unpaid debts and every beneficiary must assent (RSA 553:33)

Typical duration:

7-12 months

Attorney:

not required by law, though many families use one

The default New Hampshire route. The court appoints an ADMINISTRATOR (New Hampshire's statutory term under RSA 553:1, covering an executor named in a will as well), who gives bond, notifies the surviving spouse, legatees and heirs, 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), pays claims in the RSA 554:19 order, files an account within one year of appointment and annually after that (RSA 554:26-a), and closes on an allowed final account.

• File the will within 30 days if there is one (RSA 552:2, RSA 552:3)
• File a Petition for Estate Administration (NHJB-2145-Pe) with a certified death record
• Give bond; a personal bond without sureties is enough where the gross estate is $25,000 or less (RSA 553:13, II)
• File an itemized inventory within 90 days of appointment (RSA 554:1, form NHJB-2125-P)
• File an account within one year of appointment and annually after that (RSA 554:26-a, form NHJB-2117-P)

Qualifies:

No dollar threshold - this is the default route for any estate that does not qualify for waiver of administration

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 simplest track, and it is qualified by who inherits rather than by how much the estate is worth. It applies 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 the sole beneficiary and an appropriate person, which may be a trustee, 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 whenever the court in its discretion determines it appropriate. Waiver removes the inventory, the bond and the accounting entirely. Administration is completed by filing an affidavit of administration not less than 6 months and not more than one year after appointment.

• Fall within one of the six situations in RSA 553:32, I(a)
• 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
• Any interested person may petition for full administration at any time before the affidavit is filed

Qualifies:

No dollar threshold - qualification turns on RELATIONSHIP AND CONSENT, in one of the six situations in RSA 553:32, I(a)

Typical duration:

7-12 months

Attorney:

not required by law, though many families use one

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