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New Hampshire Notice of Decision regarding Estate Administration Without Will

State:
New Hampshire
Control #:
NH-BH-119-01
Format:
PDF
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A10 Notice of Decision regarding Estate Administration Without Will
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FAQ

To be appointed executor or personal representative, file a petition at the probate court in the county where your loved one was living before they died. In the absence of a will, heirs must petition the court to be appointed administrator of the estate.

Determine Your Priority for Appointment. Receive Written Waivers From Other Candidates. Contact Court in the County Where Deceased Resided. File the Petition for Administration. Attend the Probate Hearing. Secure a Probate Bond.

Probate is the process through which a deceased person's property, known as the estate, is passed to his or her heirs and legatees (people named in the will). The entire process, supervised by the probate court, can take up to a year to fifteen months.

Probate is the only legal way to transfer the assets of someone who has died. Without probate, titled assets like homes and cars remain in the deceased's name indefinitely. You won't be able to sell them or keep registrations current because you won't have access to the individual's signature and consent.

Appointment of Executor or Administrator In the absence of a will, the court appoints an administrator for the estate, typically the next of kin. Completion of the executor or administrator appointment takes about six to eight weeks once the executor files the petition or the court makes a selection.

To administer an intestate estate, you must file a petition with the probate court. When more than one person applies to be administrator, the court decides between those individuals. The laws of intestacy also apply if a will turns out to be invalid and the decedent had no prior valid will.

Normally, one or more of the executors named in the will applies for the grant of probate. Otherwise (if the person died without a will or the will did not appoint executors) a beneficiary or relative can be the administrator and can apply for letters of administration.

If you are unmarried and die without a valid will and last testament in New Hampshire, then your estate passes on to your children in equal shares. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

In New Hampshire, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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New Hampshire Notice of Decision regarding Estate Administration Without Will