EstateProbate and small estates in New Hampshire
Last reviewed Oct 29, 2026 · EstateHowTo editorial team · How we research
Key facts
Key factsNo small-estate affidavit. Simple estates usually use waiver of administration under RSA 553:32, which has no dollar cap.
New Hampshire sets probate filing fees by court rule and does not set a statutory percentage fee for executors or attorneys. We have not yet published the current fee amounts.
Yes. New Hampshire allows transfer on death deeds for real estate under its Uniform Real Property Transfer on Death Act. The deed must be titled “Transfer on Death Deed,” meet ordinary deed requirements, and be recorded at the county registry of deeds before death and within 60 days of signing.
RSA 553:32
Do you need probate?
Do you need probate?Assets that usually skip probate:
- Jointly owned property with right of survivorship
- Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
- Life insurance and retirement accounts with a living named beneficiary
- Property titled in a living trust
- Real estate with a transfer on death deed, where the state allows one
What usually requires probate:
- Assets in the person’s sole name with no beneficiary or co-owner
- Real estate in the person’s sole name with no TOD deed or trust
- An estate above the state’s small-estate limit, or one that doesn’t qualify for the shortcut
- Debts or disputes that need a court-appointed representative
New Hampshire shortcut: No small-estate affidavit. Simple estates usually use waiver of administration under RSA 553:32, which has no dollar cap.
Quick decision guide
- Did the person own anything in their sole name with no beneficiary, co-owner or trust? No → probate is usually not needed (but check the will-filing rule below). Yes → go to 2.
- Is that property under the state’s small-estate limit or eligible for its simplified procedure? Yes → use the shortcut. No → a probate case is usually needed.
What you may still have to do with no probate
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.
- Executor must file the will within 30 days; with no assets, file the will plus a death certificate with no administration. Source: RSA 552:3, checked Oct 29, 2026.
- Forfeit of $20 per month for neglect after the 30 days, unless excused by the court. Source: RSA 552:4, checked Oct 29, 2026.
When do you need probate? · How to file a will after someone dies
Details and sources
- 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.
- Each county has one Circuit Court Probate Division; the statewide phone line is 1-855-212-1234. Source: NH Judicial Branch – Find a Court, checked Oct 29, 2026.
Find your court: New Hampshire probate courts by county.