MENU
  1. Home
  2. New Hampshire Probate

New Hampshire Probate Court

Search New Hampshire Court Cases
Please enter First Name
Please enter Last Name
Please select a State
  • Arrest Records
  • Judgments
  • Bankruptcies
  • DUIs & DWIs
  • Felonies
  • Warrants
  • Jail Records
  • Lien Records
  • Sex Offenses
  • Misdemeanors
  • Criminal Records
  • Federal Dockets
Notice

StateCourts.org is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), and does not assemble or evaluate information for the purpose of supplying consumer reports.

You understand that by clicking "I Agree" you consent to our Terms of Service and Privacy Policy and agree not to use information provided by StateCourts.org for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening.

This website contains information collected from public and private resources. StateCourts.org cannot confirm that information provided below is accurate or complete. Please use information provided by StateCourts.org responsibly.

You understand that by clicking "I Agree", StateCourts.org will conduct only a preliminary people search of the information you provide and that a search of any records will only be conducted and made available after you register for an account or purchase a report.

Table of Contents

Probate is a formal process by which a deceased person's estate is administered. This includes having the will declared valid (if there is a will) and paying debts, then distributing all the assets to beneficiaries. The probate system is unique in New Hampshire because the Circuit Court Probate Division is the court that oversees these proceedings, rather than being overseen by a separate probate court. The state has “simplified procedures” for small estates, which can be used to alleviate certain costs families may incur when dealing with a deceased loved one's estate.

How the Probate Process Works in New Hampshire

The probate process begins by submitting a petition to the Probate Division of the Circuit Court located in the county of residence of the deceased. The court will, if a will exists, certify the will and appoint an executor/personal representative. The executor, who is responsible for notifying all heirs and creditors, then creates an inventory of the estate, pays any taxes and debts, and distributes the remaining property.

New Hampshire's legal system allows for both formal and informal probate. An estate that is contested will, of course, take longer to resolve because of the complexity of legal formalities, but the great majority of cases are typically resolved within six months.

What Are the Costs of Probate in New Hampshire?

During the probate process, petitioners can incur certain expenses such as filing fees, executor compensation, and attorney fees. In New Hampshire, the filing fees for the court typically range from $105 to $305, depending on the estate’s total value. Furthermore, the compensation for executors is subject to court approval and must be reasonable, while attorneys may charge either a flat fee or an hourly rate for their services. Other potential expenses include appraisals, publication of notices, and certified document fees.

Types of Probate Cases in New Hampshire

The state recognizes several types of probate cases, including these:

  • Testate Probate: This is the process of handling the estates of a deceased person according to their valid will.
  • Intestate Probate: When no will exists, a deceased person’s assets are distributed under New Hampshire’s intestacy laws.
  • Informal Probate: This process is used for uncontested estates that require minimal court supervision.
  • Formal Probate: This process is necessary when disputes arise or judicial determinations are needed.
  • Small Estate Administration: Through affidavit or summary administration, estates below $25,000 may qualify for a simplified probate process.

New Hampshire Probate Court Forms and Filing Instructions

Standard probate forms, including those for accounting and estate administration, are accessible to anyone on the New Hampshire Judicial Branch website. While these forms establish consistent statewide procedures for filing, it is important to note that specific procedures may vary slightly from one county to another. For this reason, it is recommended to contact the appropriate Probate Division directly.

How New Hampshire Probate Courts Work at the County Level

The Circuit Court Probate Division handles probate matters for all ten counties in New Hampshire. Although the courts adhere to a set of uniform rules, each county division operates independently to manage its hearings and filings. The probate divisions for the ten counties in the state are listed below:

How to Search Probate Records in New Hampshire

Maintained by the Probate Division Clerk, probate records comprise the deceased person’s name, case number, executor details, list of heirs, and estate inventories. Many counties provide limited online access to case dockets through the New Hampshire Judicial Branch Case Access Portal. For a nominal fee, interested parties can request certified copies of probate documents either by mail or in person at the courthouse. Nonetheless, some records are sealed by court order and may not be accessible to the public.

Table of Contents

Court Case Types