New Hampshire Employment Security (NHES)

New Hampshire · Unemployment

nhes.nh.gov

State Unemployment Benefits in New Hampshire

New Hampshire Employment Security administers unemployment compensation. When a claimant dies with benefits still owed, N.H. Code Admin. R. Emp 502.02 pays the accrued benefits to the executor or administrator of the estate or, where the estate is too small to justify formal administration, to the surviving spouse, minor children, heirs-at-law, or a governmental agency that paid for burial. The written application is due within 3 months of the death.

Steps to take when someone dies

1
Report the claimant's death to New Hampshire Employment Security so the claim is closed.
2
Gather the death certificate, and — if you are not the appointed executor or administrator — an affidavit stating your relationship to the deceased (Emp 502.02(e)).
3
Return any unpaid benefit checks issued to the deceased to the commissioner for cancellation, or be ready to explain why they cannot be produced (Emp 502.02(f)).
4
Apply to NHES in writing within 3 months of the death for benefits that accrued before the death and were unpaid (Emp 502.02(d)).
5
Do not certify weeks after the date of death. Eligibility under RSA 282-A:31 requires the claimant be able and available for work, and benefits paid when the chapter's conditions were not met are repayable to the commissioner as an overpayment (RSA 282-A:165).

Required Documents

  • Affidavit of relationship to the deceased: if the applicant is not the executor or administrator. States the applicant's relationship to the deceased in the order Emp 502.02(b) lists.
  • Official death certificate: if the applicant is not the executor or administrator
  • Benefit checks issued to the deceased: if any were issued and not cashed. Returned to the commissioner for cancellation; a check that cannot be produced is explained before replacement funds are paid.

State Unemployment Benefits in New Hampshire: key facts

What New Hampshire says6

Reporting a death

The claimant's death is reported to New Hampshire Employment Security so the claim is closed and no further weekly payments are issued.1

Benefits at and after the death

Emp 502.02(a) pays benefits that accrued and were unpaid at the claimant's death, including issued but uncashed benefit checks, on written application.2

Emp 502.02(c) caps a payment to a governmental agency that bore the burial expense at the lesser of the accrued benefits or the burial expense it bore.2

Who may claim a final payment

Emp 502.02(a) pays the benefits to the duly qualified administrator or executor of the estate. Where none is appointed because the estate has insufficient assets to justify formal administration, Emp 502.02(b) pays in a fixed order, starting with the surviving spouse.2

After the surviving spouse come unemancipated minor children (through a guardian, a person or institution obligated to support them, or a person who furnished them necessaries worth at least the benefit), then the heirs-at-law in the order set by RSA 561, then a governmental agency that bore the burial expense.2, 3

Deadline

Emp 502.02(d) requires the written application within 3 months after the death. The commissioner extends the time on a showing that the late filing was due to accident, mistake, or misfortune and not neglect.2

Under Emp 502.02(g), benefits nobody claims within that time or any extension of it remain part of the unemployment fund.2

Documents for a final payment

Under Emp 502.02(e), a claimant who is not the executor or administrator files an affidavit stating their relationship to the deceased, plus an official death certificate.2

Under Emp 502.02(f), benefit checks issued to the deceased are returned to the commissioner for cancellation; if they cannot be produced, the applicant explains why before replacement funds are paid.2

Overpayments

RSA 282-A:31 requires a claimant to be able and available for work, and RSA 282-A:165 makes benefits paid when the chapter's conditions were not met repayable to the commissioner as an overpayment, so weeks after the date of death are not certified.4

Governing law: RSA 282-A:24; N.H. Code Admin. R. Emp 502.02

Deadlines1

Written application for benefits due a deceased claimant

within 3 months of the death; unclaimed benefits remain part of the unemployment fund, unless the commissioner extends the time for accident, mistake, or misfortune2

Sources4

New Hampshire unemployment benefits

New Hampshire Employment Security (NHES)

Hours

Monday through Friday, 8:00 a.m. to 4:30 p.m.

Office

45 South Fruit Street, Concord, NH 03301-2410
Verified Aug 2026