How Do I Settle an Estate in New Hampshire?
Settling an estate in New Hampshire: the personal representative files the estate inventory within 90 daysRSA 554:1, 554:26-aVerified Sep 15, 2026View source of appointment; creditors have 6 monthsRSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Frequently Asked Questions
Settling an estate in New Hampshire means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 9 months to 15 months on average, and the creditor claim period of 6 monthsRSA 556:3Verified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 90 daysRSA 554:1, 554:26-aVerified Sep 15, 2026View source of appointment.
New Hampshire sets no dollar limit for its Waiver of AdministrationNH Probate Div. Rule 88 (fees), NH Probate Div. Rule 169 (filing feesVerified Sep 8, 2026View source; eligibility turns on other tests. New Hampshire's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank.
The creditor claim period of 6 monthsRSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Sep 15, 2026View source runs from the personal representative's appointment. The executor must publish notice in a local newspaperRSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Sep 15, 2026View source for 2RSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Sep 15, 2026View source consecutive weeks. Every claim is barred 24 monthsRSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Sep 15, 2026View source after death regardless of notice. Final distribution waits until the period has run.
New Hampshire requires a bond of the personal representative by defaultRSA 553:13Verified Sep 8, 2026View source. The requirement can often be excusedRSA 553:13Verified Sep 8, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%RSA 553:13Verified Sep 8, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The New Hampshire executor fee calculator covers what the role itself can charge.
In New Hampshire, a simple estate typically settles in 6 months to 9 months, and an average estate in 9 months to 15 months. An estate with a dispute, a tax issue or an unusual asset runs longer. State procedure sets a practical floor of about 6 monthsRSA 553:32 (waiver affidavit window); RSA 556:1, 556:5 (creditor windows)Verified Sep 15, 2026View source before an estate can close.
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Named as Executor
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Learn moreForms for Settling an Estate in New Hampshire
Free forms for settling an estate in New Hampshire: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Renunciation of Executor
In New Hampshire, a person named as executor may decline to serveN.H. RSA 552:3Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In New Hampshire, the personal representative files the estate inventory within 90 daysRSA 554:1, 554:26-aVerified Sep 15, 2026View source of appointment.
Tools for Settling an Estate in New Hampshire
Free tools for settling an estate in New Hampshire: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In New Hampshire, certified death certificates come from the New Hampshire Secretary of State - Division of Vital Records AdministrationNew Hampshire Secretary of State - Division of Vital Records AdministrationVerified Sep 1, 2026View source; the first copy costs $15New Hampshire Secretary of State - Division of Vital Records AdministrationVerified Sep 1, 2026View source, additional copies $10New Hampshire Secretary of State - Division of Vital Records AdministrationVerified Sep 1, 2026View source each.
Do I Need Probate?
New Hampshire sets no dollar limit for its Waiver of AdministrationNH Probate Div. Rule 88 (fees), NH Probate Div. Rule 169 (filing feesVerified Sep 8, 2026View source; eligibility turns on other tests.
Do I Have to File Tax Returns for Someone Who Died?
New Hampshire has no state income tax, so only the federal final Form 1040 is due for the decedentN.H. RSA Ch. 77 (Taxation of Incomes) — "[Repealed by 2021, 91:99, II, eff. Jan. 1, 2025.]"Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in New Hampshire, the estate goes through probate unless it fits a simplified procedure, where creditors have 6 monthsRSA 556:3Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
New Hampshire levies no estate or inheritance taxNo state estate or inheritance tax. The inheritance tax (RSA Ch. 86, Legacy & Succession Tax) was repealed outright for deaths on or after 1/1/2003 ("Repealed 2002, 232:14, II, eff. Jan. 1, 2003."). The estate tax (RSA Ch. 87) remains codified but is void by its own terms: RSA 87:9 ("Chapter Void, When.") provides that "[t]his chapter shall become void and of no effect in respect to the estates of persons who die subsequent to the effective date of the repeal of ... that portion of such provisions that allow a credit for state death taxes against the decedent’s federal estate tax." The IRC § 2011 credit was terminated for decedents dying after 12/31/2004 (replaced by the § 2058 deduction, Pub. L. 107-16 § 532(d)) and § 2011 was formally repealed by Pub. L. 113-295 (Dec. 19, 2014), so no New Hampshire estate tax is due for deaths on or after 1/1/2005.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
New Hampshire imposes no inheritance or estate taxNo state estate or inheritance tax. The inheritance tax (RSA Ch. 86, Legacy & Succession Tax) was repealed outright for deaths on or after 1/1/2003 ("Repealed 2002, 232:14, II, eff. Jan. 1, 2003."). The estate tax (RSA Ch. 87) remains codified but is void by its own terms: RSA 87:9 ("Chapter Void, When.") provides that "[t]his chapter shall become void and of no effect in respect to the estates of persons who die subsequent to the effective date of the repeal of ... that portion of such provisions that allow a credit for state death taxes against the decedent’s federal estate tax." The IRC § 2011 credit was terminated for decedents dying after 12/31/2004 (replaced by the § 2058 deduction, Pub. L. 107-16 § 532(d)) and § 2011 was formally repealed by Pub. L. 113-295 (Dec. 19, 2014), so no New Hampshire estate tax is due for deaths on or after 1/1/2005.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in New Hampshire take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxNH RSA ch. 77 (Taxation of Incomes — Interest & Dividends Tax) — "Chapter 77 Repealed – Entire Chapter was repealed [Repealed by 2021, 91:99, II, eff. Jan. 1, 2025.]"Verified Sep 15, 2026View source.
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New Hampshire Estate Settlement Resources
In-depth guides covering New Hampshire probate, estate administration, and settling an estate.