What Do I Do When Someone Dies in New Hampshire?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Person designated in a written signed document by the decedent (RSA 290:17, I); then Person designated on a U.S. Department of Defense Record of Emergency Data (DD Form 93), if the decedent died while serving in the armed forces (RSA 290:17, I-a); then Surviving spouse (unless estranged per RSA 290:18); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Independent administration reduces court oversight.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: NHJB-2145-Pe (Petition for Estate Administration). File with the New Hampshire Circuit Court, Probate Division. E-filing is mandatory. Filing fees vary by estate value. Independent administration reduces court supervision. Typical duration: 6-30 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Certificate of Appointment are issued by the Circuit Court Probate Division clerk (Estates Electronic Filing Center), after the court grants the Petition for Estate Administration. The state's title for the role is Executor (with a will) or Administrator (without a will). Typically filed with the petition: Certified copy of the death record; no administrator may be appointed until it is filed with the probate court, unless the judge waives the requirement on petition (RSA 553:1-a). The original certified copy must be mailed to the Estates Electronic Filing Center.; Original will and all codicils, mailed to the Estates Electronic Filing Center (the named executor must file the will within 30 days after the death or within 30 days after learning of the nomination, whichever is later) (RSA 552:3); Fiduciary Bond (NHJB-2137-Pe, e-File only) when the court orders a bond without sureties, or an original corporate surety bond mailed to the Estates Electronic Filing Center when the estate value exceeds $25,000 (RSA 553:13); Appointment of Resident Agent (NHJB-2120-Pe, e-File only) — required only if the executor/administrator resides outside New Hampshire (RSA 553:25); Notice to beneficially interested persons (sent by the court after all required documents are received at the EEFC).