Probate in New Hampshire: small estates, no will, skipping court
The short answer
New Hampshire has no small estate affidavit and no dollar threshold. Its shortcut is waiver of administration, which depends on who inherits, not on estate size: no inventory, bond or accounting, and the estate closes by affidavit 6 to 12 months after appointment. A transfer on death deed can pass a home outside probate.
When someone dies in New Hampshire, the family's first question is usually practical. Do we have to go to court, and how long will it take?
New Hampshire works differently from most states. There is no small estate affidavit, but there is a simpler path that many families can use. This page covers it, plus who inherits if there is no will and how a home can pass without court. It is part of our state-by-state estate planning guides. If the word is new, start with what probate is.
Is there a small estate affidavit in New Hampshire?
No. Most states have a shortcut for small estates, often an affidavit used after a waiting period. New Hampshire repealed its small estate statute effective January 1, 2006 (RSA 553 index). There is no dollar threshold.
If you find a web page quoting a New Hampshire small estate dollar amount, it is likely out of date.
What is waiver of administration?
It is New Hampshire's simpler path, and it turns on who inherits, not how much (RSA 553:32). It can apply when:
- The only beneficiary or only heir is appointed administrator.
- All the beneficiaries or heirs serve together as co-administrators, or agree to the administrator.
- A trust is the only beneficiary, and its trustees agree.
- The court finds it appropriate.
The family still goes to the probate court once, to have someone appointed. After that, the load is light:
- No inventory.
- No bond.
- No accounting.
The administrator closes the estate by filing an affidavit of administration. It is filed no sooner than 6 months and no later than 1 year after appointment. It states there are no outstanding debts and lists the real estate.
The trust option is worth a second look. If your will leaves everything to your living trust, and your trustees agree, waiver of administration can fit. Our post on what a trustee does explains that role.
Who inherits if there's no will?
New Hampshire is not a community property state. Its intestacy law gives the surviving spouse a set amount plus a share of the rest, depending on the family (RSA 561:1):
| Family situation | Surviving spouse receives |
|---|---|
| No descendants and no parent | Everything |
| All descendants are shared, and the spouse has no other descendants | First $250,000 plus half the rest |
| No descendants, but a parent survives | First $250,000 plus three-quarters of the rest |
| All descendants are shared, but the spouse has other descendants | First $150,000 plus half the rest |
| Some of the decedent's descendants are not the spouse's | First $100,000 plus half the rest |
So the spouse does not take everything when there are children. Whatever doesn't go to a spouse, or everything if there is no spouse, passes in this order:
- Your descendants.
- Your parents equally.
- Your brothers and sisters, and the descendants of any who died.
- Half to your grandparents on each side.
- The descendants of your grandparents, up to the fourth degree of kinship.
Nobody more distant inherits. With no taker, the estate goes to the State of New Hampshire.
Notice that friends never appear on this list. If you want a friend, a charity or the neighbor who shovels your walk to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.
Who serves as administrator?
New Hampshire calls every personal representative an "administrator," including an executor named in a will. The order is (RSA 553:2):
- The executor named in the will.
- The surviving spouse or any next of kin, or a suitable person they nominate.
- A beneficiary or a creditor.
- Anyone else the judge thinks proper.
Someone lower on the list can't be appointed until those ahead have renounced in writing, or failed to apply within 30 days after death (RSA 553:3).
An administrator is a fiduciary: legally required to act in the estate's interest and follow what the will says.
Can someone out of state serve?
Yes, at the judge's discretion (RSA 553:5). A person who doesn't live in New Hampshire can be appointed if the judge finds it proper.
A nonresident must then name a New Hampshire resident, in writing filed with the court, to receive creditor demands and legal papers. That agent is listed in the published notice of appointment (RSA 553:26).
Bond with sureties is the default in full administration, but the judge may waive it (RSA 553:13). No bond is required with waiver of administration.
How long do creditors have?
A creditor must present the debt to the administrator within six months after the grant of administration (RSA 556:3). No lawsuit can start in those first six months (RSA 556:1), and any suit must be brought within one year (RSA 556:5).
If no administration is granted within two years of death, creditors can no longer reach the real estate (RSA 556:29).
What other options are there?
Besides waiver of administration, New Hampshire has summary administration (RSA 553:33). At least 6 months after appointment, the administrator can close the estate without a final account, with a sworn motion and agreement from everyone interested.
Full administration is the longer path: a bond unless waived, an inventory within 90 days, and annual accounts. Our post on the probate process walks through the steps, and how long probate takes covers timing.
Can my house skip probate?
Yes. New Hampshire has allowed transfer on death deeds since July 1, 2024 (RSA 563-D:1). The rules are strict (RSA 563-D:9):
- It must be titled "Transfer on Death Deed."
- It must state that the transfer happens at your death.
- It must be recorded at the county registry of deeds before your death and within 60 days after you sign it.
- You can revoke it only by recording another document, not by tearing it up (RSA 563-D:11).
New in 2025: after your death, your beneficiaries must record a notice of death affidavit at the registry within 60 days (RSA 563-D:22).
A living trust is the other common way to keep a home out of court. In New Hampshire, a trust is revocable unless it expressly says otherwise (RSA 564-B:6-602). Our post on how to avoid probate compares the options.
Will my heirs owe New Hampshire estate or inheritance tax?
No. New Hampshire repealed its inheritance tax effective January 1, 2003 (RSA chapter 86). Its remaining estate tax equals a federal credit that no longer exists, so no New Hampshire estate tax is due (RSA 87:1).
Which route fits?
| Situation | Likely route |
|---|---|
| One heir or beneficiary, who serves as administrator | Waiver of administration |
| Several heirs who all agree | Waiver of administration |
| Will leaves everything to a trust, trustees agree | Waiver of administration |
| Everyone interested agrees, 6 months after appointment | Summary administration |
| Home with a recorded transfer on death deed | Passes outside probate |
| Heirs disagree, or debts are complicated | Full administration |
Here is a typical case, a composite. Patricia, 77, lived in Portsmouth and never married. Her will left everything to her niece, who lives in Maine. The judge appointed her niece as administrator under waiver of administration, with a New Hampshire friend named to receive papers. Seven months later, with the bills paid, the niece filed the closing affidavit.
Members can keep a care plan on file with Kinly, noting where the will, the deed and the accounts are, so whoever settles things isn't hunting through drawers.
Before death, the papers that matter most are your powers of attorney. See our New Hampshire financial power of attorney guide and New Hampshire medical power of attorney guide.
Common questions
What is the small estate limit in New Hampshire?
There isn't one. New Hampshire repealed its small estate statute in 2006. Its simpler path, waiver of administration, depends on who inherits rather than how much.
Does a surviving spouse inherit everything in New Hampshire?
Only if there are no descendants and no surviving parent. With shared children, the spouse typically gets the first $250,000 plus half the rest, and the children share the remainder.
Can someone who lives in another state be administrator in New Hampshire?
Yes, if the judge finds it proper. The nonresident must name a New Hampshire resident to receive creditor demands and legal papers.
How long do creditors have in New Hampshire probate?
Six months after the grant of administration to present the debt to the administrator, and one year to bring a lawsuit.
Does New Hampshire have an inheritance tax?
No. It was repealed effective January 1, 2003, and no New Hampshire estate tax is due today.
Sources
- RSA 553 index, including repealed RSA 553:31 (New Hampshire General Court)
- RSA 553:32: Waiver of administration (New Hampshire General Court)
- RSA 553:33: Summary administration (New Hampshire General Court)
- RSA 561:1: Intestate succession (New Hampshire General Court)
- RSA 553:2: Priority for administration (New Hampshire General Court)
- RSA 553:3: Time to apply (New Hampshire General Court)
- RSA 553:5: Nonresidents (New Hampshire General Court)
- RSA 553:26: Resident agent of nonresident administrator (New Hampshire General Court)
- RSA 553:13: Bond (New Hampshire General Court)
- RSA 556:1: No suit within six months (New Hampshire General Court)
- RSA 556:3: Presenting demands (New Hampshire General Court)
- RSA 556:5: Time to sue (New Hampshire General Court)
- RSA 556:29: Real estate after two years (New Hampshire General Court)
- RSA 563-D:1: Transfer on death deeds (New Hampshire General Court)
- RSA 563-D:9: Requirements (New Hampshire General Court)
- RSA 563-D:11: Revocation (New Hampshire General Court)
- RSA 563-D:22: Notice of death affidavit (New Hampshire General Court)
- RSA 564-B:6-602: Revocation or amendment of revocable trust (New Hampshire General Court)
- RSA chapter 86, repealed (New Hampshire General Court)
- RSA 87:1: Estate tax (New Hampshire General Court)
This page is general information, not legal or financial advice. Laws vary by state.