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New Hampshire Probate Timeline
Support GuideNew Hampshire9 min read

New Hampshire Probate Timeline

New Hampshire probate runs 6 months to 2 years. Creditor claims run 6 months from the grant of administration, not from the date of death.

By Settled Editorial

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New Hampshire probate does not have a one-year rule or a fixed closing deadline. Instead, the timeline depends on which route the estate takes and when creditors make their claims. The anchor event is the grant of administration, and the creditor window runs 6 months from that date, not from death and not from published notice.

The Trigger Event: Grant of Administration

Probate starts when the Circuit Court Probate Division appoints an executor or administrator. This grant date is the clock for every major deadline that follows (RSA 553:1, RSA 547:3).

The appointment order does not require notice of death and does not require a waiting period after death. An estate can open immediately after the probate court receives a petition with the will (if any) and proof of the decedent's death. In practice, most executors wait to gather documents and meet with advisors, but the law does not require it.

The court's clerk publishes notice of the appointment within 15 days (RSA 553:16). Publication is waived if the estate's gross value is $10,000 or less.

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The Creditor Window: 6 Months from Grant

This is the highest-risk timeline in New Hampshire probate, because it differs from most neighboring states. Every creditor deadline runs from the grant of administration, not from death and not from published notice.

A creditor must exhibit (deliver) the demand within 6 months of the grant, or forfeit the right to claim against the estate (RSA 556:3). A registered-mail notice stating the nature and amount of the claim plus a demand for payment is sufficient (RSA 556:2). See how creditors present a claim for what a valid demand has to contain.

The Suit Timeline

  • Months 0–6: No suit may be begun during this period (RSA 556:1). A creditor can present the claim but cannot go to court.
  • Months 6–12: A suit must be filed within 1 year of the grant (RSA 556:5). Once the 6-month bar lifts, lawsuits can proceed.
  • Beyond 12 months: Any suit begun more than 1 year after the grant is barred (RSA 556:5).

Real estate has a separate clock. No creditor can reach real estate owned at the decedent's death if no administration has been granted within 2 years of death (RSA 556:29). This runs from the death date, not from the grant.

Three Routes to Closing

New Hampshire offers two simplified routes and one full administration path. All three timelines run from the grant.

Route 1: Waiver of Administration (6 Months to 1 Year)

Waiver of administration eliminates the inventory, the bond, and the final accounting (RSA 553:32). You qualify if:

  • The estate is testate and one individual is sole beneficiary under the will and is appointed administrator; or
  • All will beneficiaries are appointed co-administrators (or an appropriate person is appointed with their assent); or
  • The estate is intestate and one individual (often the surviving spouse) is sole heir and is appointed; or
  • All heirs are co-administrators (or an appropriate person is appointed with their assent).

Timeline: File an affidavit of administration not less than 6 months and not more than 1 year after appointment (RSA 553:32, I(b)). The affidavit states there are no outstanding debts or obligations and lists all real estate with location, book, and page.

Any interested person can petition for full administration before the affidavit is filed (RSA 553:32, II(a)). The court can extend the one-year deadline for good cause.

Route 2: Summary Administration (6+ Months)

Summary administration eliminates the final account and receipts (RSA 553:33). It applies to all estates, testate and intestate, that do not qualify for waiver of administration.

Requirements (RSA 553:33, III(a)):

  • Estate open at least 6 months
  • No outstanding debts, obligations, or unresolved claims
  • No New Hampshire estate tax due (or an RSA 87:26 certificate is filed)
  • No federal estate tax due or return filed and paid
  • Court supervision no longer necessary

Requirements (RSA 553:33, III(b)):

  • Receipts or assents from all specific legatees
  • Assents from everyone else beneficially interested

Timeline: The estate must run at least 6 months before summary administration closes. Because creditor claims run 6 months from the grant (RSA 556:3), the soonest a summary closing order can issue is around month 6, with distribution 30 days after (RSA 553:33, V–VIII).

Route 3: Full Administration

Full administration is the default if neither waiver nor summary administration applies, or if an interested person petitions for full administration during a waiver or summary administration process.

Timeline: Full administration has no statutory closing deadline. The probate court supervises the accounting and settlement, and the timeline depends on:

  • Whether creditors file claims (the 1-year suit deadline passes at month 12)
  • Whether litigation is needed
  • Whether the real-estate title needs clarification
  • How quickly beneficiaries cooperate

Many estates run 12–24 months in full administration, but straightforward estates with few creditors often close in the 6–12 month window.

Key Dates to Track from the Grant

Every date below is a duty someone owes the court. The full New Hampshire filing calendar lists the ones that fall outside the creditor and closing windows, including the 30-day will filing and the 90-day inventory.

DeadlineEventStatute
Day 15Clerk publishes notice of appointmentRSA 553:16
Day 30Final date for priority renunciation; priority order clearsRSA 553:3
Month 6Creditor claim window closesRSA 556:3
Month 6Earliest date for waiver of administration affidavitRSA 553:32
Month 6Earliest date for summary administration orderRSA 553:33
Month 6–12Creditor suits may be filed (not before month 6, not after month 12)RSA 556:1, 556:5
Month 12Latest date for waiver of administration affidavitRSA 553:32
Month 12Latest date to begin a creditor suitRSA 556:5
Year 2 from deathFinal date to grant administration before real-estate creditor bar appliesRSA 556:29

Real Estate and Probate Timeline

Real estate does not pass automatically. If real estate was owned solely by the decedent at death, it is an estate asset and does not title to a beneficiary until probate closes. Transfer on death deed property (RSA 563-D) passes at death and is outside probate, but a beneficiary has to record a Notice of Death Affidavit in the registry of deeds within 60 days of the death (RSA 563-D:22).

For ordinary willed or inherited real estate, the title work happens after the final probate order or final accounting. A deed is not recorded until probate closes.

Why the 6-Month Window Matters

Because the creditor claim window is 6 months from the grant (not from death), an executor who waits several months to open probate has compressed the time available for creditors to present claims. On the other side, an executor who opens probate quickly gives creditors a full 6-month window to make their demands.

An estate with unknown creditors (contractor bills, medical debt, liens filed against property) needs to account for that 6-month period. Paying a claim before the 6-month window closes can be risky if the claim was not properly exhibited and demanded (RSA 556:2); if the demand is defective, the payment may not be credited against the administrator's fiduciary duty.

The administrator's job at settlement involves tracking this timeline and closing the estate as soon as the creditor bar passes. For the steps that surround these dates, start with how probate works in New Hampshire.

Related Guides

How long a particular estate takes depends on facts this page cannot see, and on the practice of the circuit where it is filed. Confirm the dates that affect your family with the circuit clerk or a licensed New Hampshire attorney.

Sources:

It is not legal advice.

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Settled Estate is not a law firm and does not give legal advice.

Information current as of August 3, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Hampshire can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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