When a loved one dies without a will, the emotional burden is already overwhelming. On top of grief, family members are suddenly faced with locked bank accounts, unpaid bills, questions about the house, and a court process they have never dealt with before. In New Hampshire, dying without a will means dying intestate — and it almost always means probate.
This guide walks you through how the New Hampshire probate process works, what to expect at each stage, who inherits what under state law, and when it makes sense to call an attorney.
Many clients reach out midway through thinking they could handle it themselves — only to find out they are in over their heads. The probate process in New Hampshire is not easy, and the stakes are high.
What Is Probate in New Hampshire?
Probate is the legal process through which a deceased person’s estate is administered, debts are paid, and assets are distributed to heirs. In New Hampshire, probate is handled by the Probate Division of the Circuit Court in the county where the deceased lived or owned property.
Not every asset goes through probate. Jointly owned property, accounts with named beneficiaries (like life insurance or IRAs), and assets held in a trust typically pass outside of probate. But anything in the deceased’s name alone — bank accounts, real estate, vehicles, personal property — will likely need to go through the process.
The Most Common Questions Families Ask
I’m locked out of the bank accounts — what do I do?
If you weren’t a joint account holder or named beneficiary, the bank won’t grant access until you have a court-issued Letter of Authority. Opening probate is the first step.
Who pays the mortgage and bills in the meantime?
Once appointed as administrator, you can use estate funds to pay ongoing obligations. Until then, creditors are generally on hold — but don’t ignore them.
Can I sell the house?
Yes, but you need a court-approved “License to Sell Real Estate” before the estate administrator can sell property, pay off any mortgage, and deposit proceeds into the estate account.
Do I need to provide an accounting to the court?
Yes. The court requires a formal accounting of the estate. If the estate isn’t closed within a year, a second accounting may be required.
What happens to personal belongings?
The estate administrator is responsible for distributing or properly disposing of all personal effects of the deceased.
How long does probate take in New Hampshire?
Typically six to nine months for straightforward estates. Complex estates with real estate sales, disputes, or creditor issues can take significantly longer.
The New Hampshire Probate Process Step by Step
File a Petition for Administration
File with the Probate Division in the county where the deceased lived or owned property. This is not a simple form — errors at this stage cause significant delays. Granfield Legal Services can help you get this right from the start.
Get Appointed as Administrator
If you are the spouse, child, or other priority heir, you will be appointed administrator. You will be required to purchase a bond — typically equal to the total value of the estate — to protect against misuse of funds.
Receive Your Letter of Authority
Once the bond is filed, the court issues a Letter of Authority. This is the document that allows you to access bank accounts, manage assets, and act on behalf of the estate.
Open an Estate Account & Get a Tax ID
Best practice is to open a dedicated bank account in the name of the estate and obtain a Federal Tax ID (EIN). This keeps all funds organized and properly accounted for.
Inventory Assets, Pay Debts & Distribute
Identify and value all estate assets, notify creditors, pay valid debts, and then distribute the remaining assets to heirs according to the will — or if there is no will, according to New Hampshire’s intestacy statute.
File a Final Accounting & Close the Estate
Submit a formal accounting to the court documenting all income, expenses, and distributions. Once approved, the estate is officially closed.
Who Inherits When There Is No Will in New Hampshire?
When someone dies intestate, New Hampshire’s intestacy statute — NH Rev Stat § 561:1 (2025) — dictates exactly who gets what. Here is how it breaks down in the most common scenarios:
| Situation | What the Surviving Spouse Receives |
|---|---|
| No children and no surviving parents | Spouse receives everything |
| All children are shared children, spouse has no outside children | First $250,000 + half of the remainder |
| No children, but a parent of the deceased survives | First $250,000 + three-quarters of the remainder |
| All children are shared, but spouse has children from outside the relationship | First $150,000 + half of the remainder |
| Some or all children are not the surviving spouse’s children | First $100,000 + half of the remainder |
Whatever portion of the estate the spouse does not receive — or the entire estate if there is no surviving spouse — is distributed as follows: first to children equally (grandchildren step into a deceased child’s share), then to surviving parents, then to siblings, then to grandparents, then to aunts, uncles and first cousins. If no eligible relatives exist, the estate escheats to the State of New Hampshire.
When Should You Call a Probate Attorney?
The honest answer is: as early as possible. The probate process in New Hampshire involves court filings, bonding requirements, creditor notifications, tax ID applications, formal accountings, and strict deadlines. A mistake early in the process — an incorrect petition, a missed creditor, an improper asset distribution — can result in personal liability for the administrator.
Granfield Legal Services handles probate cases throughout New Hampshire and Massachusetts, from simple administrations to complex multi-asset estates. Whether you are just starting the process or find yourself stuck midway through, we can step in and help you get to the finish line.
Free Probate Consultation — Call Today
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This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this post. Laws may change — always consult a licensed attorney for guidance specific to your situation. Attorney advertising.
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