1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingTown of Newport - Town Clerk (Vital Records)
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
2Required 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 then file the will with the probate division within 30 days after the death or after learning of the nomination, whichever is later, and must 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). Neglecting 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. Filing a will with no estate administration requested uses form NHJB-2905-Pe. (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
3Assess 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.
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
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
New Hampshire Judicial Branch Wills & Estates self-help and the Circuit Clerk's Office at the 5th Circuit - Probate Division - Newport can help you understand forms and filing requirements at no cost.
Visit Self-Help Center