
New Hampshire Probate Without a Lawyer
You can run a New Hampshire estate yourself, but every case e-files to one center in Concord. Here is the pro se path, form by form and fee by fee.
Yes. New Hampshire lets you serve as executor or administrator without hiring a lawyer, and the Judicial Branch says so in its own handbook. You file the case yourself through the state Electronic Filing System, the court's Information Center answers procedural questions, and the estate stays in the Circuit Court, Probate Division for your county.
What makes New Hampshire different from its neighbors is where the paperwork lands. Estates e-file to one statewide unit in Concord, the Estates Electronic Filing Center, and the software builds most of your forms from your answers. This guide covers that filing path, the forms and fees a self-represented filer actually meets, the deadlines you own alone, and the point where paying an attorney costs less than guessing. It is general information, not legal advice. Confirm anything time-sensitive with the circuit court clerk handling your case or a licensed New Hampshire attorney.
New Hampshire Law Does Not Require an Attorney
The Judicial Branch settles the question in Administering an Estate, the handbook it publishes for fiduciaries: you do not need to be an attorney to serve as an executor or administrator, and you should consult one when an issue arises that you are not comfortable handling. If a lawyer is consulted for a proper purpose and the court approves, the fee comes out of the estate.
RSA 553:2 lists who administration is granted to, in order: the executor named in the will; the widow, husband, or any of the next of kin, or a suitable person they nominate; one of the devisees or creditors; or such other person as the judge may think proper. Counsel appears nowhere on that list.
Two vocabulary points save confusion later. New Hampshire calls the job administrator, not personal representative. RSA 553:1 says the word administrator may include every person to whom the administration of an estate or the execution of a will may be granted. And the court is the Circuit Court, Probate Division, one per county, named by circuit number and city rather than by county. The New Hampshire probate court directory maps all ten. For the whole sequence from petition to decree, read the full New Hampshire probate process beside this page.
One wait catches families who move fast. RSA 553:3 blocks the appointment of anyone lower in that order until the people ahead either renounce in writing or let thirty days pass after the death.
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Here is the part no neighboring state prepares you for. The handbook says you must file your probate case through the Electronic Filing System, and the platform self-represented parties use is TurboCourt. The system asks you a series of questions, produces the completed document from your answers, then explains how to finalize and submit it.
The Judicial Branch puts the same warning on every e-filing page: do not start at the blank form library. Most forms get generated for you inside TurboCourt, so the form list is a fallback for documents the program does not build.
A few practical details that change how you plan the week:
- You do not need your own computer. Any Circuit Court location in the state except Colebrook has a public computer kiosk in the lobby. Using it is free. Printing at it costs $0.25 per page under Probate Division Rule 169(V).
- Paper still travels. The original will and a certified copy of the death certificate go by mail to the Estates Electronic Filing Center, 2 Charles Doe Drive, Suite 2, Concord NH 03301. The funeral director usually supplies the certified copy, or the clerk of the city or town where the death occurred will.
- Card payments carry a surcharge. By order of the New Hampshire Supreme Court, electronic court transactions paid by credit or debit card through TurboCourt or File and Serve have carried a 3% fee since September 3, 2025. You can skip it by paying the filing fee in person at the court after you file the case documents electronically.
- Live in another state and you need an agent. Out-of-state filers file an Appointment of Resident Agent, NHJB-2120-Pe, naming a New Hampshire agent to act for them.
The Forms You Will Actually Meet
New Hampshire publishes one statewide NHJB form set, so the packet is identical in Coos and in Rockingham. The alphabetical index carries 230 documents, which is why a first-time filer should work from the checklists rather than the index. The New Hampshire probate forms page narrows it down, and the Judicial Branch numbers its estate checklists by scenario: 009e opens an estate with a will, 010e opens one without a will, 013e and 014e cover the waiver route with and without a will, 043e handles a will filed with no administration, and 044e covers insolvency.
| Form | What it does |
|---|---|
| NHJB-2145-Pe | Petition for Estate Administration, the document that opens every estate |
| NHJB-2120-Pe | Appointment of Resident Agent, required only if you live outside New Hampshire |
| NHJB-2146-Pe | Statement of Counsel on a foreign will or codicil offered for probate |
| NHJB-2123-Pe | Declination, filed if you are named and will not serve |
| NHJB-2125-Pe | Inventory of Fiduciary, due 90 days after appointment |
| NHJB-2136-Pe | Motion and License to Sell Real Estate to Pay Demands |
| NHJB-2142-Pe | Notice to Towns and Cities under RSA 554:18-a, filed with the court and the town |
| NHJB-2117-Pe | Executor's / Administrator's Accounting |
| NHJB-2139-Pe | Receipts signed by the people who received the property |
| NHJB-2144-Pe | Waiver of Administration Statement, the closing document on the waiver route |
| NHJB-2149-Pe | Motion for Summary Administration |
| NHJB-2122-Pe | Assent for Summary Administration, signed by those beneficially interested |
Form numbers are worth confirming against the court's own list rather than assumed, because not every estate form publishes in both a paper -P and an e-file -Pe version. Several publish only in the e-file variant.
What Filing It Yourself Costs
Fees are statewide. One judicial branch, one Circuit Court, one schedule set by Probate Division Rule 169 and printed on the Circuit Court filing fee sheet dated 07/01/2025. No county sets its own price.
| Filing | Fee |
|---|---|
| Petition for Estate Administration, gross value $10,000 or less | $150.00 |
| Petition for Estate Administration, $10,001 to $25,000 | $205.00 |
| Petition for Estate Administration, more than $25,000 | $305.00 |
| Motion for Summary Administration | $105.00 |
| Accounting, estate gross value $25,000 or less | $0.00 |
| Accounting, estate gross value greater than $25,000 | $105.00 |
Two charges people budget for twice are already inside those numbers. Rule 169(II) says the $55.00 publication fee applies to every Petition for Estate Administration above $10,000 and that the fee is included in the entry fee. Rule 169(VII) does the same for the $30.00 electronic filing surcharge. Because RSA 553:16 also waives publication entirely at a gross value of $10,000 or less, newspaper notice costs a New Hampshire filer nothing out of pocket. Most states charge separately for it.
The bond is the line that actually varies. Under RSA 553:13, II, an estate with a gross value of $25,000 or less requires only a personal bond without sureties. Above that, the handbook says the court will require a corporate surety bond except in exceptional circumstances, and it sets the amount after reviewing the petition and the estate value. A judge may waive the bond requirement under RSA 553:13, III, and the waiver of administration route drops the bond altogether.
If the entry fee itself is the obstacle, the Judicial Branch publishes a request-to-pay-a-lower-fee-or-file-for-free process on its forms and fees page.
The Deadlines Nobody Reminds You About
A self-represented filer carries the calendar alone. Every date below except the first two runs from the date of appointment, not from the death.
| When | What is due | Source |
|---|---|---|
| 30 days after death or after learning you are named | File the will with the Estates Electronic Filing Center | RSA 552:2 and RSA 552:3 |
| Each month of neglect after that | Forfeit of twenty dollars, recoverable by anyone interested in the will | RSA 552:4 |
| 15 days after appointment | The clerk publishes the notice of appointment, unless gross value is $10,000 or less | RSA 553:16 |
| 60 days after appointment | Notify each named legatee, the surviving spouse, and the heirs at law | RSA 552:15 |
| 90 days after appointment | Certify to the judge that you gave that notice, saying how and to whom | RSA 552:15 |
| 90 days after appointment | File the itemized Inventory of Fiduciary | RSA 554:1 |
| 6 months after the original grant | Creditors must exhibit their demands to you | RSA 556:3 |
| 1 year after appointment | File the first account, then annually | RSA 553:13, I(c) and RSA 554:26 |
Three of those repay a second look.
The inventory has teeth. RSA 554:1 puts you in default 30 days after the filing date passes, the clerk mails you notice of the default within 10 days, and a false statement on the inventory is unsworn falsification under RSA 641:3. The inventory lists real and personal property at fair market value as of the date of death, and says how you reached each value, whether by appraisal, tax information, bank statement, or another source.
The creditor clock starts at the grant, not the death. A demand must reach you within 6 months of the original grant of administration (RSA 556:3), no suit against you may even begin inside those first 6 months (RSA 556:1), and a suit has to start within one year of the grant (RSA 556:5). Registered mail stating the nature and amount of a claim plus a demand for payment counts as a sufficient exhibition (RSA 556:2). Work through the six-month creditor window before you pay anyone or distribute anything, and check the full New Hampshire deadline map for the dates this table leaves out.
The annual account keeps coming. RSA 554:26 requires an annual account of administration unless the judge excuses you on petition, and it caps any excusal at three years.
Where the Court's Help Stops
The Information Center is genuinely useful and genuinely limited. The handbook describes it as giving general assistance, the necessary forms, checklists, and guidance on electronic filing, while it cannot give legal advice. Call 1-855-212-1234, Monday through Friday, 8am to 4pm. Court navigators will also meet you at a courthouse near you if you email [email protected] or call that same number and ask for an appointment.
The Judicial Branch is blunt about the trade in its Representing Yourself pages: when you come to court without a lawyer you take a risk, because the court cannot act on your behalf, and even a simple matter can carry consequences you do not see. It adds a caution worth heeding, that many forms need a notary and that you may want a lawyer's read before you sign one.
Deadlines and rules apply to you exactly as they apply to an attorney. Nobody grades a self-represented filer on a curve.
Buy Part of a Lawyer, Not All of One
New Hampshire's own courts point to limited-scope help as the middle path. Instead of going alone or retaining someone full-time, you can hire an attorney to review your court papers and advise you, to draft a motion or other papers, or to represent you at a single hearing.
Two referral routes exist for that. The New Hampshire Bar Association runs a statewide Lawyer Referral Service at (603) 229-0002 for people who can pay for an attorney's services, and a Modest Means Legal Program at (603) 715-3290 for people who can pay something but not a full fee.
Bring in counsel when the estate stops being routine:
- Someone contests the will, or fights over who should serve. A will proved in common form can be re-examined and proved in solemn form within 6 months of probate under RSA 552:7, so a quiet appointment is not the end of the argument. Read what makes a New Hampshire will valid before you assume the document holds.
- The estate owes more than it holds. RSA 554:19 fixes the payment order, and paying a lower class before a higher one can land on you personally.
- Real estate sits outside New Hampshire. The Probate Division has no jurisdiction over it, and the handbook tells you to get advice about that state's probate laws and expect a second case there.
- A minor or an incapacitated person inherits, or the heirs are unclear. Start with who inherits under New Hampshire intestacy rather than family assumption.
- The will needs proving. If the will was signed before 1986, or was not acknowledged before a notary or justice of the peace, the filing center may ask you to produce a witness to the signing.
- You have to sell estate property to pay debts. Real estate requires a court license first, on NHJB-2136-Pe.
Two Routes That Cut the Paperwork
Before you plan a full administration, check whether the estate qualifies for a lighter one. New Hampshire has no small estate affidavit and no dollar cutoff. It has two routes that turn on relationship and consent instead.
Waiver of administration, RSA 553:32, removes the inventory, the bond, and the accounting. Six situations qualify, covering a sole beneficiary or sole heir who serves, all beneficiaries or heirs serving or assenting, a trust named as sole beneficiary with trustee assent, and any case the court finds appropriate. The estate closes when you file the Waiver of Administration Statement, NHJB-2144-Pe, not less than 6 months and no more than one year after appointment.
Summary administration, RSA 553:33, applies to every estate the waiver section does not govern. It drops the final account and the receipts for the balance once you file the motion, no sooner than 6 months after appointment, with assents from everyone beneficially interested.
Neither route erases a debt, and neither closes before month six, because both ask you to swear nothing is outstanding. Compare them side by side on the New Hampshire simplified administration guide, and read what the administrator still owes the estate before you sign either document.
One Warning About the Official Handbook
Administering an Estate is the best free procedural manual any New Hampshire filer has, and its tax pages are out of date. The version updated March 2025 still prints federal estate tax thresholds from 2009 through 2012 and treats the Legacy and Succession Tax as live guidance, though that tax was repealed for deaths on or after January 1, 2003. Trust the booklet on filing steps, forms, and the timeline. Take current tax figures from the IRS and the New Hampshire Department of Revenue Administration, or from an accountant.
Frequently Asked Questions
Do I need a lawyer for probate in New Hampshire?
No. The Judicial Branch handbook Administering an Estate says plainly that you do not need to be an attorney to serve as an executor or administrator, and it tells you to consult one when an issue comes up that you are not comfortable handling. RSA 553:2 sets who may be appointed, and nothing in it requires counsel.
How do you file probate in New Hampshire without a lawyer?
You e-file. The Judicial Branch handbook says you must file your probate case through the Electronic Filing System, which for self-represented parties is TurboCourt. The system asks questions, builds the forms from your answers, and submits them to the Estates Electronic Filing Center in Concord. Every Circuit Court location except Colebrook has a free public computer kiosk in the lobby.
What does it cost to file a New Hampshire estate yourself?
The entry fee to open an estate is $150.00 at a gross value of $10,000 or less, $205.00 from $10,001 to $25,000, and $305.00 above $25,000 under Probate Division Rule 169(I). The $55.00 publication charge and the $30.00 e-filing surcharge sit inside those amounts rather than on top, so newspaper notice costs a New Hampshire filer nothing extra.
Can New Hampshire court staff tell me what to write on a form?
No. The Administering an Estate handbook says the court's Information Center gives general help, forms, checklists and e-filing guidance but cannot give legal advice. Reach it at 1-855-212-1234, Monday through Friday, 8am to 4pm. Court navigators will also meet you at a courthouse if you email [email protected].
What is the first form in a New Hampshire estate?
The Petition for Estate Administration, NHJB-2145-Pe, an e-file form. If you left a will, RSA 552:3 gives the named executor 30 days from the death, or from learning of the appointment, to file the will. RSA 552:4 charges a forfeit of twenty dollars for each month of neglect after those 30 days.
When should I hire a New Hampshire probate lawyer instead?
Hire counsel when someone contests the will, when the estate cannot pay its debts, when real estate sits outside New Hampshire, when a minor or an incapacitated person inherits, or when the will needs a witness to prove it. You can also buy part of a lawyer instead of all of one. The Judicial Branch says a lawyer may review your papers and advise you, draft a motion, or appear at a single hearing.
Related Guides
- New Hampshire Probate Guide
- New Hampshire Executor Duties
- New Hampshire Small Estate Rules
- New Hampshire Probate Forms
- New Hampshire Creditor Claims
- New Hampshire Probate Court Directory
Sources:
- Title: Administering an Estate. Publisher: New Hampshire Judicial Branch, Circuit Court Administrative Office and Estates Electronic Filing Center. Publication Date: March 2025. URL: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/administeringanestatebookletforecourt.pdf
- Title: Self-Represented Parties and Other Non-Attorney Filers - Circuit Court. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/resources/electronic-services/circuit-court/self-represented-parties-and-other-non-attorney-filers
- Title: Representing Yourself. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/self-help/representing-yourself
- Title: Estates. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/self-help/estates
- Title: Rule 169. FEES. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-probate-division/rule-169-fees
- Title: Circuit Court Filing Fees. Publisher: New Hampshire Judicial Branch. Publication Date: 07/01/2025. URL: https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-06/filing_fees.pdf
- Title: How to Request to Pay a Lower Fee or File for Free. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/resources/forms-and-fees/how-request-pay-lower-fee-or-file-free
- Title: All Forms in Alphabetical Order, Probate Division. Publisher: New Hampshire Judicial Branch. Publication Date: Not listed. URL: https://www.courts.nh.gov/our-courts/circuit-court/probate-division/forms/all-forms-alphabetical-order
- Title: RSA 553:2 Right to Administer. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/553/553-2.htm
- Title: RSA 553:13 Bond. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/553/553-13.htm
- Title: RSA 553:16 Publication of Notice of Appointment. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/553/553-16.htm
- Title: RSA 553:32 Waiver of Administration. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/553/553-32.htm
- Title: RSA 553:33 Summary Administration. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/553/553-33.htm
- Title: RSA 552:3 Duty of Executor. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/552/552-3.htm
- Title: RSA 552:15 Notice to Legatees and Heirs at Law. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/552/552-15.htm
- Title: RSA 554:1 Inventory. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/554/554-1.htm
- Title: RSA 554:26 Filing Accounts. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/554/554-26.htm
- Title: RSA 556:3 Exhibition of Demand; Time. Publisher: New Hampshire General Court. Publication Date: Not listed. URL: https://gc.nh.gov/rsa/html/LVI/556/556-3.htm
It is not legal advice.
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