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New Hampshire Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in New Hampshire.

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Types of Probate in New Hampshire

New Hampshire has no dollar-threshold small estate and no small-estate affidavit. Every estate starts with a Petition for Estate Administration in the Circuit Court, Probate Division. What changes is how much inventory, bonding, and accounting survive, depending on who inherits and whether they agree. Waiver of administration under RSA 553:32 eliminates most paperwork when beneficiaries and heirs qualify and consent. Summary administration under RSA 553:33 shortens the closing process when debts are paid and everyone assents after 6 months.

See the full comparison of New Hampshire probate typesWhich procedures exist, who qualifies, and how the timelines compare.

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New Hampshire Probate Self-Help and Online Resources

New Hampshire Estate Law Overview

New Hampshire Estate Tax Info

New Hampshire tax information for estates

No
State Estate Tax
No
Inheritance Tax
No
State Income Tax

Who Inherits Without a Will?

Intestate succession decides who inherits when someone dies without a valid will. In New Hampshire the rules are in RSA 561:1, and the Circuit Court, Probate Division decrees the distribution.

New Hampshire Homestead Protection

New Hampshire has ONE homestead concept, not three. RSA 480 creates a homestead RIGHT: a dollar-capped interest in the home that is exempt from attachment, levy and sale on execution, and that the surviving spouse continues to hold for life after the owner dies. It is not a probate allowance paid in cash the way a Uniform Probate Code homestead allowance is, and New Hampshire runs no statewide property-tax program called a homestead exemption.

Exempt Property

New Hampshire does not have the Uniform Probate Code trio of homestead allowance, exempt property and family allowance. It has three narrower things: a discretionary allowance out of the personal estate for a surviving widow, a 40-day right to stay in the house rent free, and two old sections listing specific personal articles that are simply not estate assets. There is no dollar-valued exempt-property allowance at all.

New Hampshire Probate Questions

How much does probate cost in New Hampshire?
New Hampshire probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free New Hampshire fee calculator for county-specific estimates.
How long does probate take in New Hampshire?
New Hampshire probate timelines vary by type. Full administration typically takes 12 to 24 months with annual accountings. Waiver of administration usually closes in 7 to 12 months once the required 6-month minimum has passed. Summary administration also takes 7 to 12 months, since the motion for summary administration cannot be filed before month 6 after opening. Transfer on death deeds avoid probate entirely but must be recorded before death and within 60 days of execution.
Do I need an attorney for probate in New Hampshire?
New Hampshire does not require an attorney for any probate route. Full administration, waiver, and summary administration can all proceed without counsel. However, an attorney is commonly retained where real estate must be sold, a will is contested, the estate is insolvent, or creditor claims are disputed. Transfer on death deeds do not require an attorney to draft or record.
Are these New Hampshire probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the New Hampshire county page and the county office handling the estate before filing.
Which New Hampshire source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the New Hampshire Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.