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After a death in New Hampshire: what to do, step by step
Last reviewed Oct 29, 2026 · How we check · Report a correction
Printable New Hampshire executor checklist
Step 1: Get death certificates
Where to order: Any New Hampshire town or city clerk, or the NH Division of Vital Records Administration (official site). The funeral home usually orders the first certified copies for the family.
Certified copies cost $15 for the first copy and $10 for each additional copy ordered at the same time; copies go only to people with a “direct and tangible interest.”
- Fee: $15 for the search and first copy, $10 for each subsequent copy. Source: RSA 5-C:10, checked Oct 29, 2026.
- Death records are released only to people with a direct and tangible interest; death records before 1948 are public. Source: RSA 5-C:102, checked Oct 29, 2026.
Step 2: Find and file the will
Yes, even with no probate. The person named as executor must file the will in the probate court within 30 days after the death (or after learning they were named, if later). If the estate has assets, the will must be proved or the executor must file a written refusal. If there are no probate assets (for example, everything was jointly owned), the executor still files the original will along with a death certificate, and it is filed “with no administration.” Neglecting this duty can cost $20 for each month after the 30 days.
Where: Circuit Court – Probate Division for the county where the person lived.
Step 3: Decide whether probate is needed
New Hampshire shortcut: No small-estate affidavit. Simple estates usually use waiver of administration under RSA 553:32, which has no dollar cap.
- New Hampshire has no small-estate affidavit. Instead, an estate can use waiver of administration (no inventory, bond or accounting) when, for example, the sole beneficiary or sole heir is appointed administrator, all beneficiaries or heirs serve or assent, or the court finds it appropriate. The statute sets no dollar limit. Source: RSA 553:32, checked Oct 29, 2026.
- Under waiver of administration, the administrator files an affidavit of administration between 6 months and 1 year after appointment. Source: RSA 553:32, I(b), checked Oct 29, 2026.
New Hampshire probate & small estates → · When do you need probate?
Step 4: Find the right court
File in the county where the person lived. New Hampshire probate courts by county →
Official forms, fees and e-filing:
Step 5: Creditors and debts
A creditor must exhibit (present) its claim to the administrator within 6 months after the original grant of administration, and generally must sue within 1 year after that grant. A notice by registered mail stating the claim and demanding payment counts as presenting it.
- Claim must be exhibited within six months after the original grant of administration. Source: RSA 556:3, checked Oct 29, 2026.
- Registered-mail notice of the claim and demand is sufficient. Source: RSA 556:2, checked Oct 29, 2026.
- Suit against the administrator must begin within one year after the original grant of administration (with exceptions). Source: RSA 556:5, checked Oct 29, 2026.
Step 6: Assets, taxes, distribution and closing
Find assets, file the final income tax return, pay valid debts, distribute, and close the estate with the court if a case was opened.
Documents you will usually need
- Certified death certificates
- The original will, if there is one
- Court letters (testamentary or of administration) once appointed
- An IRS EIN for the estate bank account
- Account statements, deeds, titles and insurance policies
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.
Planning ahead instead? Plan an estate in New Hampshire