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New Hampshire Statement of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate

State:
New Hampshire
Control #:
NH-SKU-0850
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Statement of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate

The New Hampshire Statement of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate is a document used to establish the validity of a foreign will or codicil for probate in the state of New Hampshire. This document is filed with the court and must be signed by a licensed attorney in the state of New Hampshire. It contains a statement from the attorney as to the legal effect of the foreign will or codicil in the state of New Hampshire, as well as an opinion that it is legally sufficient to be admitted into probate. The document must also include the name of the foreign executor or legal representative, the date of the will or codicil, and any other pertinent information. There are two types of New Hampshire Statement of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate: one for wills and one for codicils. Both types must meet the requirements of New Hampshire law.

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FAQ

NH Specifics Within these limits, New Hampshire maintains a 3-year statute of limitations on general debts, from original due date or most recent payment, whichever is later (see NH Rev Stat § 5).

Do I Need to Have My Will Notarized? No, in New Hampshire, you do not need to notarize your will to make it legal. However, New Hampshire allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.

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.

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.

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.

Probate can take anywhere from around nine months to about a year for an average estate to be settled through New Hampshire probate.

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.

More info

Affidavit Of Counsel As To Propriety Of Foreign Will Or Codicil To Be Admitted Into Probate {NHJB2146P}. Effect of revocation of letters, probate of will, later will or codicil.Decedent's property or a holder of the decedent's property, the affidavit shall be honored and have the effect as provided in this section and W.S. 2-1-202. Filing of discovery is not mandatory unless in support of a motion. 10 Delivery to Court and Admitting Wills to Probate. 9.10.1. Admitted to probate, and the date of the person's death. Copies of Handwritten Wills and Codicils; Translation of Foreign Wills . (A) no will of the decedent has been admitted to probate in this state and no administration of the decedent's estate. 29A-3-101 Devolution of estate at death; restrictions. Court at law, probate, constitutional county, and justice of the peace courts.

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New Hampshire Statement of Counsel as to Propriety of a Foreign Will/Codicil to be Admitted into Probate