New Hampshire Probate Law: Estates, Wills, and Guardianship

New Hampshire probate law governs the administration of decedents' estates, the validity and execution of wills, and the establishment of guardianships over incapacitated persons and minors. These proceedings are handled by the New Hampshire Circuit Court, Probate Division, under authority granted primarily by New Hampshire Revised Statutes Annotated (RSA) Title LVI, which spans RSA chapters 547 through 564-B. The sector intersects directly with property rights, fiduciary obligations, and family law, making it one of the most procedurally structured areas of New Hampshire civil practice.

Definition and scope

New Hampshire probate law encompasses three principal subject areas: the administration of decedents' estates (testate and intestate), the creation and enforcement of trusts under the New Hampshire Trust Code (RSA 564-B), and the appointment of guardians or conservators for individuals who lack legal capacity.

The New Hampshire Circuit Court, Probate Division holds original subject-matter jurisdiction over all probate matters statewide. Each of New Hampshire's 10 counties maintains a probate court seat. Appeals from Probate Division decisions proceed to the New Hampshire Supreme Court.

Scope and limitations of this page: The content here addresses New Hampshire state law exclusively, as codified in RSA Title LVI and related statutes. Federal estate tax obligations (governed by 26 U.S.C. §§ 2001–2210), multi-state property disputes, and tribal land matters fall outside the scope of this reference. Matters involving living trusts that do not require court supervision, Medicaid estate recovery administered by the New Hampshire Department of Health and Human Services, and New Hampshire family law proceedings such as divorce-related asset division are adjacent areas not fully covered here. For the broader regulatory framework governing New Hampshire courts, see the regulatory context for the New Hampshire legal system.

How it works

Probate administration in New Hampshire follows a structured sequence governed by RSA Chapter 553 (administration of estates) and RSA Chapter 550 (probate of wills).

Testate estates (death with a valid will):

1. Petition for probate — The named executor files a petition with the Probate Division in the county where the decedent was domiciled, accompanied by the original will and a death certificate.
2. Will authentication — The court examines the will for compliance with RSA 551:2, which requires two witnesses for attested wills. Holographic wills (handwritten and signed by the testator) are also recognized under RSA 551:2-a.
3. Appointment of administrator — The court issues Letters Testamentary authorizing the executor to act.
4. Inventory and appraisal — Under RSA 554:1, the administrator must file a complete inventory of estate assets within 90 days of appointment.
5. Notice to creditors — Creditors must be notified; RSA 556:5 establishes a 6-month claim period from the date of the administrator's appointment.
6. Payment of debts and taxes — Estate debts, administration expenses, and applicable state taxes are satisfied before distribution.
7. Final account and distribution — The administrator files a final account for court approval; assets are distributed per the will's terms.

Intestate estates (death without a valid will):

When no valid will exists, RSA Chapter 561 governs the order of succession. Surviving spouses receive priority, followed by descendants, parents, and collateral relatives in defined statutory order. The Probate Division appoints an administrator (rather than an executor) to manage the estate under the same procedural framework described above.

Small estates and voluntary administration:

RSA 553:31 through 553:32 provide a simplified voluntary administration procedure for estates where the total personal property does not exceed $10,000 (RSA 553:32), avoiding full probate proceedings.

Common scenarios

Contested wills: A will contest arises when an interested party alleges lack of testamentary capacity, undue influence, fraud, or improper execution. These proceedings are litigated within the Probate Division under RSA 567-A, with formal evidentiary hearings.

Guardianship of a minor: Under RSA Chapter 463, the Probate Division appoints guardians for minors whose parents are deceased, incapacitated, or unable to provide care. The court applies a best-interests standard and conducts review hearings at minimum every 2 years.

Guardianship and conservatorship of incapacitated adults: RSA Chapter 464-A governs guardianship of adults. A petitioner must demonstrate incapacity by clear and convincing evidence. The court may appoint a guardian of the person, a conservator of the estate, or both. Limited guardianships — granting only specific enumerated powers — are preferred over plenary guardianship under RSA 464-A:9.

Trust administration: The New Hampshire Trust Code (RSA 564-B), modeled on the Uniform Trust Code, regulates trustee duties, beneficiary rights, and modification or termination of trusts. New Hampshire is recognized as a favorable trust jurisdiction, permitting perpetual dynasty trusts under RSA 564-B:2-205.

Decision boundaries

The distinction between testate and intestate administration determines the applicable distribution framework but not the procedural timeline. Both paths require court-supervised administration unless a simplified procedure applies.

Probate vs. non-probate transfers: Assets held in joint tenancy with right of survivorship, payable-on-death accounts, or trusts pass outside the probate estate entirely and are not subject to RSA Chapter 553 administration. This is a critical structural boundary: the size of the probate estate may differ substantially from the gross taxable estate for federal purposes.

Guardian vs. conservator: A guardian of the person controls personal decisions (residence, healthcare); a conservator manages financial assets. These roles may be held by the same individual or split between two appointees. The court retains supervisory jurisdiction over both throughout the appointment.

Jurisdiction boundaries: The Probate Division's authority is limited to New Hampshire-domiciled decedents and New Hampshire-sited real property. Ancillary probate proceedings in other states may be required when a New Hampshire decedent owned real property elsewhere. For court filing costs relevant to probate petitions, see New Hampshire court filing fees and costs. A broader overview of the New Hampshire legal sector is available at the site index.

References

• New Hampshire Circuit Court, Probate Division — Courts.NH.gov
• New Hampshire Revised Statutes Annotated (RSA) Title LVI — General Court
• RSA Chapter 551 — Wills
• RSA Chapter 553 — Administration of Estates
• RSA Chapter 561 — Descent and Distribution
• RSA Chapter 464-A — Guardianship of Incapacitated Persons
• RSA Chapter 463 — Guardianship of Minors
• RSA Chapter 564-B — New Hampshire Trust Code
• Uniform Law Commission — Uniform Trust Code
• New Hampshire Department of Health and Human Services — Medicaid Estate Recovery