Best Inheritance Law Lawyers in New Hampshire

About Inheritance Law in New Hampshire, United States

Inheritance law in New Hampshire covers how a person’s assets are distributed after death. It includes wills, intestate succession, probate administration, and settlement of debts and taxes. The process typically starts by determining if a valid will exists and whether probate is needed for the decedent’s assets. If there is no will, New Hampshire law provides a framework for intestate distribution to spouses, children, and other relatives.

Key terms you will encounter include will, testate, intestate, executor, administrator, beneficiary, and estate. Probate is the court process that validates a will or administers an intestate estate. A NH attorney can help you navigate filings, notices to heirs and creditors, and final distribution of assets. Understanding these basics helps you decide whether you need legal counsel and what kind of help to request.

Why You May Need a Lawyer

Here are concrete, real-world scenarios in New Hampshire where legal counsel often proves essential.

• A spouse or child requests to contest a will that appears to have been signed under pressure or coercion. An attorney can review witnesses, execution formalities, and possible undue influence claims.
• You are named as an executor or administrator and must file probate, manage debts, and prepare an accounting for beneficiaries. A lawyer can ensure notices are proper and creditor claims are handled correctly.
• The decedent died without a valid will, and you need help applying New Hampshire's intestate rules to determine who inherits and in what share. An attorney helps protect the rights of spouses, children, and other relatives.
• There are substantial assets in multiple states or out-of-state property that require coordination of probate filings. An attorney can manage cross-jurisdictional issues and ensure orderly transfers.
• You suspect asset transfers were attempted to avoid creditors or taxes. A lawyer can assess potential fraud, fraudulent transfers, and proper creditor notice requirements.
• Assets include trusts, life insurance with beneficiary designations, or jointly titled property. An attorney helps ensure proper probate handling or beneficiary challenges where needed.

Local Laws Overview

New Hampshire inheritance matters are governed by specific statutes and court rules that shape probate, wills, and intestate distribution. Key statutory frameworks provide the foundation for how estates are opened, administered, and closed in NH courts. Courts often reference these provisions when guiding executors, administrators, and heirs through the process.

Intestate Succession - RSA 560

NH handles intestate distribution under the intestate succession provisions commonly cited as RSA 560 and related sections. This body of law explains who inherits if a decedent dies without a valid will and how shares are allocated among spouses and family members. Recent court decisions and updates help clarify ambiguities in spousal rights and parental rights for children in intestate estates.

The Probate Court handles intestate proceedings, wills, and the administration of estates in New Hampshire.

Wills and Probate Administration - RSA 551 through RSA 559

Wills, their execution, and the administration of estates are addressed across the NH Revised Statutes Annotated in sections commonly discussed together as the Wills and Probate framework. These provisions govern will validity, execution formalities, and the duties of executors and trustees during probate.

The New Hampshire Revised Statutes Annotated (RSA) codifies the rules for wills, probate, and estate administration in NH.

Probate Procedure and Related Requirements

Beyond the core will and intestate provisions, NH probate practice includes creditor notices, inventory and accounting requirements, and final distributions. These procedures are designed to protect heirs and ensure debts are paid before assets are transferred. Local practice can vary by county, and court forms are regularly updated.

Probate filings and administration are handled through the NH Probate Court, with forms and guidance available on their site.

Frequently Asked Questions

What is the difference between a will and intestate succession?

A will specifies how assets should be distributed after death. Intestate succession applies when there is no valid will, and NH law determines the heirs and shares.

How do I start probate in New Hampshire?

File a petition in the NH Probate Court in the county where the decedent lived. The court appoints an executor or administrator to manage the estate.

When is a will considered valid in New Hampshire?

A will must meet execution formalities, be signed by the testator, and witnessed as required by NH law to be valid.

Where do I file probate in New Hampshire?

Probate filings are made with the Probate Court in the decedent’s last NH residence county, or where real property is located.

Why might a probate case be contested?

Contest concerns may include improper execution, lack of capacity, undue influence, or alleged forgery of the will.

Can a will be challenged after death in New Hampshire?

Yes, beneficiaries or interested parties can challenge a will by filing objections with the Probate Court within established deadlines.

Should I hire a lawyer to handle probate in New Hampshire?

For complex estates, contested matters, multi-state assets, or if you are named executor, legal counsel is typically beneficial.

Do I need a NH attorney to handle small estates?

NH has simplified avenues for smaller estates, but a lawyer can still help with accuracy and timing of filings and creditor notices.

Is there a timeline for probate in New Hampshire?

Timelines vary by complexity, assets, and creditor claims, but straightforward estates often resolve within several months to a year.

What costs are involved in NH probate?

Costs include court filing fees, attorney fees, and potential appraisal or accounting expenses. Some fees are fixed, others depend on the estate value.

Do beneficiary designations avoid probate in New Hampshire?

Assets with named beneficiaries, such as retirement accounts or life insurance, may bypass probate if properly designated and funded.

Additional Resources

• New Hampshire Courts - Probate: Official government site detailing probate court processes, forms, and guidance for executors and administrators. https://www.courts.state.nh.us/probate/
• New Hampshire General Court - Revised Statutes Annotated (RSA): Official statutes governing wills, probate, and intestate succession in NH. https://legis.nh.gov/
• New Hampshire Bar Association: Resources and lawyer referrals for probate and elder law matters. https://www.nhbar.org/
• Internal Revenue Service - Estate and Gift Taxes: Federal framework that may apply to large estates. https://www.irs.gov/businesses/small-businesses-self-employed/estate-and-gift-taxes

Next Steps

1. Collect essential documents and verify the decedent's NH residency and location of assets. Gather the will, death certificate, asset list, and existing trusts.
2. Determine whether probate is required by reviewing asset ownership and beneficiary designations with an NH attorney or the Probate Court.
3. Identify the correct NH Probate Court and obtain initial forms for filing, including petitions for probate or administration.
4. Consult a local attorney experienced in NH probate to assess potential disputes, creditor claims, and tax implications.
5. Prepare and file the necessary probate documents, inventories, and notices to heirs and creditors as required by NH law.
6. Maintain accurate accounting of expenses, debts, and distributions; respond to creditor claims within the statutory deadlines.
7. Close the estate with a final accounting and distribution plan approved by the court, ensuring all obligations are satisfied.