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New Hampshire Motion and License to Sell Real Estate to Pay Demands- Efiling Only

State:
New Hampshire
Control #:
NH-SKU-0756
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PDF
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Description

Motion and License to Sell Real Estate to Pay Demands

New Hampshire Motion and License to Sell Real Estate to Pay Demands-E filing Only is a legal procedure which allows an estate to sell real estate in order to pay off any outstanding debts or financial obligations. This type of motion is typically used when an estate has insufficient funds to pay all the debts and liabilities of the deceased. The motion is filed with the court and, if approved, the court will issue a license which allows the sale of the real estate in order to pay the demands of the estate. There are two types of New Hampshire Motion and License to Sell Real Estate to Pay Demands-E filing Only; an Order to Show Cause and a Decree of Sale. The Order to Show Cause requires the executor or administrator of the estate to show to the court why the estate should be allowed to sell the real estate in order to pay the debts and liabilities. The Decree of Sale is a court order that authorizes the sale of the real estate and the proceeds of the sale must be used to pay the debts and liabilities of the estate.

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FAQ

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.

You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy. Community Property With Right of Survivorship. Tenancy by the Entirety. Create accounts as TOD or POD (Transfer on Death; Payable on Death) Establish beneficiaries.

Steps to Create a Will in New Hampshire Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.

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.

New Hampshire does not require every estate to go through probate. Review the state's probate rules to inform your estate plans and ensure your executor can carry out your wishes as intended.

Property that is jointly owned with a survivorship right will avoid probate. If one owner dies, title passes automatically to the remaining owner. There are three types of joint ownership with survivorship rights: Joint tenancy with rights of survivorship.

Some strategies to consider if you wish to avoid probate court include: Transfer Property to Revocable Trusts. Reduce Your Estate. Create A Will. Name Beneficiaries. Take Advantage of Joint Ownership.

How Long Does Probate in New Hampshire Take? Probate will take at least six months by the time you file all the paperwork and pay creditors. However, they have up to one year to submit claims, which means that most estates will be open at least that long.

More info

I request that I be licensed to sell at public auction, or private sale, the whole of the real estate in accordance with New Hampshire law. What you get: Instant access to fillable Microsoft Word or PDF forms.(D) Supplemental pleadings. A brief overview of the eFiling process in the Probate and Family Court Department. The inventory fee must be paid no later than the filing of the petition for an order of complete estate settlement under MCL 700. Current Office Operations. Our office is open to the public for all filings. Access the forms and information you need to file or respond to a small claims case. Learn about estates, how to file an estate, and the administrative process. To print a form, use the browser's print feature.

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New Hampshire Motion and License to Sell Real Estate to Pay Demands- Efiling Only