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New Hampshire Statewide Probate Guide

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.

Where Probate Happens

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:

  • A will names a sole beneficiary, and that sole beneficiary is appointed administrator.
  • All beneficiaries named in the will are appointed as co-administrators, or all agree to the appointment of a specific administrator.
  • A will names a trust as sole beneficiary, the court appoints an administrator, and all co-trustees agree.
  • There’s no will and only one heir, who is appointed administrator.
  • There’s no will and all heirs are appointed co-administrators, or all agree to a specific administrator.
  • The court decides, in its discretion, that a waiver is appropriate under the circumstances.

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 1: Open The Estate

  1. File a Petition for Estate Administration (Form NHJB-2145-P) with the Probate Division in the relevant county, including a certified copy of the death certificate.
  2. The court appoints a personal representative and issues Letters Testamentary (with a will) or Letters of Administration (without one).
  3. If eligible, indicate the intent to seek a Waiver of Administration on the petition – the actual waiver affidavit is filed later, per the 6-month-to-1-year window above.

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.

Creditor Claims

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.

Transfer-On-Death Deeds

New Hampshire recognizes TOD deeds for real property, letting an owner designate a beneficiary who receives the property automatically at death without court involvement.

Timeline

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.

Costs

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.

Taxes

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).

Where This Guide Fits

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.