What Happens When an Estate Is Insolvent in New Hampshire?
When an estate owes more than it holds, New Hampshire pays the claims in 6RSA 554:19Verified Sep 23, 2026View source classes in statutory order, beginning with costs and expenses of administration of the estate.
An estate is insolvent when the claims against it exceed the assets available to pay them. New Hampshire then pays the claims in 6RSA 554:19Verified Sep 23, 2026View source classes, in the order its statute sets; the classes at the end of the order are the ones left unpaid when the money runs out.
1. Costs and expenses of administration of the estate; 2. Reasonable and necessary funeral, burial, and cremation expenses; 3. Debts and taxes with preference under federal law; 4. DHHS claims for financial and/or medical assistance provided to the deceased, debts collected by the state under RSA 126-A:34, and county assistance charges under RSA 166:19; 5. Just debts of the deceased; 6. Legacies given by the will or distribution to heirs according to lawRSA 554:19Verified Sep 23, 2026View source.
New Hampshire pays them in proportion to their amountsRSA 554:19, IIVerified Sep 23, 2026View source: each claim in the class receives the same share of what it is owed.
A executor is not personally liable for the decedent's debtsN.H. RSA 556:25Verified Sep 23, 2026View source. New Hampshire's statutes state no rule on the executor's personal liability for paying a later class before an earlier class is paid in full or distributing property to heirs while claims are unpaid.
Yes. A person named in a will who has not yet been appointed can decline the appointment, and an insolvent estate is a common reason to. In New Hampshire, the way to decline is a written renunciation filed with the courtN.H. RSA 552:3Verified Sep 23, 2026View source. The Renunciation of Executor for New Hampshire prepares the writing or the state's official form.
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Learn moreForms for Settling an Estate in New Hampshire
Free forms for settling an estate in New Hampshire: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form.
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.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Affidavit of Death
In New Hampshire, a transfer on death deed beneficiary records the “Notice of death affidavitRSA 563-D:22Verified Oct 26, 2026View source”.
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 taxes. Run each tool.
How Much Can an Executor Charge?
New Hampshire pays executors reasonable compensationNH Circuit Court Probate Division Rule 88 (reasonable compensation determined by court; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
Can I Self-File Probate?
New Hampshire has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is not availableRSA 552:6; RSA 553:2Verified Sep 8, 2026View source.
How Do I Get Letters Testamentary?
In New Hampshire, the Circuit Court Probate Division clerk issues a Certificate of Appointment once the New Hampshire Circuit Court, Probate Division appoints the personal representative; every appointment goes through the courtRSA 552:6; RSA 553:2Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In New Hampshire, creditors have 6 monthsRSA 556:3Verified Sep 8, 2026View source from the personal representative's appointment to present claims; late claims are barred.
How Do I Claim a Deceased Person's Unclaimed Property?
In New Hampshire, a deceased owner's unclaimed property is claimed from the New Hampshire State Treasury, Abandoned Property DivisionRSA 471-C (Custody and Escheat of Unclaimed and Abandoned Property); RSA 471-C:26 (filing of claim)Verified Aug 24, 2026View source. Outside the small-estate route, RSA 471-C:26, I(c)(4) requires a probate estate to be opened for any other claim for a deceased ownerRSA 471-C:26, Filing of ClaimVerified Aug 24, 2026View source.
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New Hampshire Estate Settlement Resources
In-depth guides covering New Hampshire probate, estate administration, and settling an estate.