New Hampshire Affidavit of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate is a legal document used in New Hampshire to prove that a foreign will or codicil is legally valid and accepted by the court. This document is filed with the court of probate when a foreign will or codicil is to be admitted into the probate process in New Hampshire. The affidavit must include the name and address of the attorney who is representing the estate, a statement that the attorney has reviewed the will/codicil, and information that it is consistent with the intestacy laws of New Hampshire. In addition, the affidavit must include a statement that the attorney has found that the foreign will/codicil meets the legal requirements for admission into the probate process in New Hampshire. There are two types of New Hampshire Affidavit of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate: the Original Will and the Codicil.
New Hampshire Affidavit of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate
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FAQ
New Hampshire probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
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.
Age: The testator must be at least 18 years old or married if under 18. Capacity: The testator must be of ?sane mind.? Signature: The will must be signed by the testator or by someone else in the testator's name in his presence, by his express direction.
MANAGING THE ESTATE For all forms of administration, the estate must remain open for at least six months from the date of appointment to allow creditors to present claims. If all claims have been paid, the estate may be closed and a final account filed after six months.
Filing the will and petition at the probate court in order to be appointed executor or administrator (NH) or personal representative (MA). In the absence of a will, heirs must petition the court to be appointed ?administrator? of the estate.
Under New Hampshire law, Executors, Administrators and their attorneys are allowed reasonable fees; these fees are determined by the nature of the estate. Fees are always subject to the approval of the court.
Your executor must be: at least 18 years old, and. of sound mind -- that is, not judged incapacitated by a court.
Probate can take anywhere from around nine months to about a year for an average estate to be settled through New Hampshire probate.