Settling an estate after losing someone is difficult, and New Hampshire’s simplified-probate system works differently from most states – it’s based on who’s inheriting, not a dollar amount. This guide covers what’s consistent across the whole state. For your specific county’s Probate Division address and local filing details, see that county’s page.
New Hampshire probate is filed in the Circuit Court, Probate Division, in the county where the deceased lived. Each of New Hampshire’s ten counties has its own Probate Division. New Hampshire has not adopted the Uniform Probate Code – it maintains its own statutes under RSA 547 and RSA 553-564.
IMPORTANT: NEW HAMPSHIRE HAS NO TRADITIONAL DOLLAR-THRESHOLD SMALL ESTATE AFFIDAVIT Unlike most states, New Hampshire’s simplified process – the Waiver of Administration – isn’t based on the estate’s value at all. It’s based on who the beneficiaries or heirs are and whether there’s meaningful potential for conflict.
Waiver of Administration (RSA § 553:32) Available in situations including:
If granted, a Waiver of Administration eliminates the requirement for a full inventory, a bond, and a formal accounting – though the basic probate process (opening an estate, appointing an administrator) must still be followed. The Affidavit for Waiver of Administration itself can only be filed between 6 months and 1 year after the administrator’s appointment, and only if the estate has no unresolved debts or claims pending.
Note: an older “Voluntary Administration” (also called Small Estate Administration) process, based on a $10,000 personal-property threshold, only applies to decedents who died before January 1, 2006 – it is no longer available for anyone who died on or after that date.
STEP 2: FULL ADMINISTRATION (for estates that don’t qualify for a waiver) The administrator gathers assets, publishes notice to creditors, manages claims, and files a full inventory and accounting before the estate can close.
The mandatory creditor claim period runs 6 months from the grant of administration – no final distribution is permitted before this period ends, even if all other administration work is complete.
New Hampshire recognizes TOD deeds for real property, letting an owner designate a beneficiary who receives the property automatically at death without court involvement.
New Hampshire probate typically takes 12-18 months, driven largely by the 6-month creditor period and a 6-month minimum before the first accounting can be filed. Estates that qualify for a Waiver of Administration can close somewhat faster since they skip the inventory and accounting requirements.
The standard filing fee for a Petition for Estate Administration is generally around $150, plus an approximately $55 publication fee if notice publication is required.
New Hampshire has no state estate tax and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).
This page covers what’s consistent statewide. For your specific county’s Probate Division address, phone number, and local filing details, visit that county’s page.