What Happens When an Estate Is Insolvent in New Hampshire?
Enter the estate's assets and the claims in each class of New Hampshire's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. New Hampshire then pays the claims in 6 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outRSA 554:19Verified Sep 23, 2026View source.
1. Costs and expenses of administration of the estateRSA 554:19, I(a)Verified Sep 23, 2026View source. 2. Reasonable and necessary funeral, burial, and cremation expensesRSA 554:19, I(b)Verified Sep 23, 2026View source. 3. Debts and taxes with preference under federal lawRSA 554:19, I(c)Verified Sep 23, 2026View source. 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 166:19RSA 554:19, I(d)Verified Sep 23, 2026View source. 5. Just debts of the deceasedRSA 554:19, I(e)Verified Sep 23, 2026View source. 6. Legacies given by the will or distribution to heirs according to lawRSA 554:19, I(f)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owedRSA 554:19, IIVerified Sep 23, 2026View source.
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.
A person named in the will files a written declination with the court (N.H. RSA 552:3). Renunciation of Executor for New Hampshire
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