How Do I Claim a Small Estate in New Hampshire?
New Hampshire's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The New Hampshire small-estate procedure
New Hampshire's small-estate shortcut is waiver of administration (RSA 553:32), a court proceeding, not an affidavit: the probate division appoints an administrator with no inventory, no bond, and no accounting when (1) a sole will beneficiary or sole heir serves as administrator, (2) all beneficiaries/heirs serve as co-administrators or assent to the administrator, (3) a trust is sole beneficiary and a trustee (or other appropriate person with all trustees' assent) serves, or (4) the court finds it appropriate — with no dollar limit. Administration completes on the court's approval of the administrator's affidavit of administration, filed not less than 6 and not more than 12 months after appointment, stating there are no outstanding debts or obligations attributable to the estate and listing all real estate the decedent owned at death. Separately, summary administration (RSA 553:33) lets an administrator close a regular estate that has been open at least 6 months without a final account, on an under-oath motion with assents of all beneficially interested persons; and no publication of notice of appointment is required when the estate's gross value is $10,000 or less (RSA 553:16).
Frequently asked questions
New Hampshire's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $0 or less, per N.H. RSA 553:32, 553:33, 553:16.
New Hampshire's small-estate shortcut is waiver of administration (RSA 553:32), a court proceeding, not an affidavit: the probate division appoints an administrator with no inventory, no bond, and no accounting when (1) a sole will beneficiary or sole heir serves as administrator, (2) all beneficiaries/heirs serve as co-administrators or assent to the administrator, (3) a trust is sole beneficiary and a trustee (or other appropriate person with all trustees' assent) serves, or (4) the court finds it appropriate — with no dollar limit. Administration completes on the court's approval of the administrator's affidavit of administration, filed not less than 6 and not more than 12 months after appointment, stating there are no outstanding debts or obligations attributable to the estate and listing all real estate the decedent owned at death. Separately, summary administration (RSA 553:33) lets an administrator close a regular estate that has been open at least 6 months without a final account, on an under-oath motion with assents of all beneficially interested persons; and no publication of notice of appointment is required when the estate's gross value is $10,000 or less (RSA 553:16).
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