Executor Checklist for New Hampshire: Complete 2026 Probate Guide

Your sister passed away last month in Concord. She named you executor in her will, and now you're trying to figure out what probate looks like in New Hampshire. You've found bits of information online but nothing that gives you a complete picture — what forms to file, what deadlines matter, and what it's going to cost. You need New Hampshire-specific guidance, not generic advice that could apply to any state.

This is your step-by-step New Hampshire executor checklist — every form, every deadline, every fee, specific to how New Hampshire probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the New Hampshire details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within New Hampshire. Always consult with a licensed attorney authorized to practice law in New Hampshire before making legal or financial decisions about an estate.

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Quick Reference: New Hampshire Probate Court Contact

New Hampshire Circuit Court — Probate Division Website: courts.nh.gov/resources/forms-court/probate-forms Phone: (603) 271-2261 (Administrative Office of the Courts) Filing Fee: $150 -- $305 Small Estate Threshold: Varies (waiver of administration available) Creditor Period: 6 months from appointment Inheritance/Estate Tax: None Community Property State: No

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Your New Hampshire Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you file anything with the court, there are things that need to happen right away. These protect the estate and protect you.

Order death certificates. Order 10-15 certified copies from the New Hampshire Division of Vital Records Administration or the funeral home. Banks, insurance companies, the DMV, and brokerage firms each want their own original. Certified copies cost $15 for the first copy and $10 for each additional.

Secure the property. If the deceased owned a home, make sure it's locked, the mail is being collected, and nothing is deteriorating. New Hampshire winters are harsh on unoccupied homes — check that the heating system is running, pipes are protected from freezing, and homeowner's insurance is current. If there are vehicles, make sure they're parked safely and insured.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In New Hampshire, the original will must be filed with the Circuit Court Probate Division in the county where the deceased lived. This is a legal requirement whether or not you open formal probate.

Notify immediate family. Let beneficiaries and close family members know you've been named executor and that you'll be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep everyone informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes later.

Step 2: Determine If Full Probate Is Required

Not every New Hampshire estate needs formal probate. Before you file anything, check whether simpler options are available.

Waiver of full administration. New Hampshire allows a waiver of full administration for certain estates. If all the heirs and beneficiaries agree, and the estate is relatively simple, you can petition for a waiver that significantly reduces court oversight and reporting requirements.

Waiver of administration. New Hampshire allows a waiver of administration (voluntary administration was abolished for deaths after January 1, 2006). A waiver of administration is available when the surviving spouse (or sole child/parent) is the sole beneficiary, regardless of estate value. This is a simplified procedure that avoids the need for formal probate administration.

Non-probate transfers. Assets with named beneficiaries (life insurance, retirement accounts, POD bank accounts), jointly held property with right of survivorship, and assets in trust all pass outside probate. New Hampshire also recognizes transfer-on-death deeds for real estate. Review every account to determine what actually requires probate.

If the estate exceeds these simplified thresholds or involves real estate without TOD deeds, contested claims, or complex assets, you'll need formal administration.

Step 3: File the Will and Petition for Probate

This step officially starts the probate process in New Hampshire.

File the will and petition with the Circuit Court Probate Division. New Hampshire handles probate through the Circuit Court Probate Division (not a separate probate court). File the original will and a petition for estate administration in the county where the deceased lived at the time of death.

Pay the filing fee. New Hampshire probate filing fees range from $150 to $305, tiered by estate value: $150 for estates under $10,000, $205 for estates between $10,000 and $25,000, and $305 for estates over $25,000.

Request appointment as executor. The court will review the petition. In New Hampshire, the court typically issues a notice of the filing and waits for objections before scheduling a hearing or approving the appointment. Once appointed, you'll receive Letters Testamentary — your legal authority to act on behalf of the estate.

Bond may be required. New Hampshire generally requires an executor bond unless the will waives it. The bond amount is based on the estate's personal property value. Bond premiums come from estate funds and protect beneficiaries against executor misconduct.

For context on what the overall process looks like, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

New Hampshire law requires you to notify creditors and interested persons.

Publish notice in a local newspaper. You must publish a notice of your appointment as executor in a newspaper of general circulation in the county. This runs for 3 consecutive weeks. Cost is typically $100-$250.

Send notice to known creditors. Mail written notice to every creditor you're aware of. The notice must include the deadline for filing claims and the court's address.

The creditor claim window: 6 months from appointment. New Hampshire requires creditors to present their demands within 6 months from the date of your appointment (RSA 556:3). Creditors then have an additional 6 months after the demand period to bring suit. While shorter than a full year, this still creates a meaningful timeline before you can safely make final distributions. Understanding how debt works after someone dies helps you manage this waiting period.

Notify beneficiaries and heirs. Everyone named in the will and anyone who would inherit under New Hampshire intestacy law must be notified. Beneficiaries have specific legal rights, including the right to receive information about the estate administration.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned.

File an inventory (Form NHJB-2125-Pe). New Hampshire requires the executor to file an Inventory of Fiduciary within 90 days of appointment. This form lists every estate asset with its fair market value as of the date of death.

Value assets at fair market value. For real estate, get a professional appraisal or comparative market analysis. New Hampshire real estate varies dramatically by region — a property in the Lakes Region has a very different market than one in the North Country. For vehicles, use Kelley Blue Book. For investments, use closing prices on the date of death.

New Hampshire does not require a court-appointed appraiser. You can value assets yourself or hire independent appraisers as needed. For complex assets or valuable real estate, professional appraisal is strongly recommended.

Include all probate assets. List real estate, bank accounts, vehicles, personal property, investments, and any other assets solely owned by the deceased. Non-probate assets don't go in the inventory but should be tracked for tax purposes.

Step 6: Pay Debts, Taxes, and Expenses

Once the creditor period begins, handle claims methodically.

Evaluate creditor claims. Review each claim carefully. Accept valid claims, negotiate where appropriate, or reject claims you believe are invalid. New Hampshire law establishes a priority order for paying claims from insolvent estates.

New Hampshire has no state estate tax or inheritance tax. New Hampshire does not impose any state-level death tax. Additionally, New Hampshire has no state income tax on wages (the interest and dividends tax was repealed effective January 1, 2025). You only need to worry about federal estate tax if the estate exceeds $15 million.

File the decedent's final federal income tax return. The deceased's final federal income tax return is due by April 15 of the year following death. Since New Hampshire has no state income tax on earned income, there's no state income tax return to file for wages. If the estate generates income during probate, file a federal estate income tax return (Form 1041).

Pay valid debts and estate expenses. Pay valid creditor claims, ongoing expenses (utilities, insurance, property taxes), and probate costs from estate funds. Keep meticulous records — you'll need them for the final accounting.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch — but New Hampshire's creditor period means patience is required.

Prepare a final accounting. New Hampshire requires the executor to file a final accounting with the court. This must detail every transaction — income received, debts paid, fees charged, and the proposed distribution to each beneficiary. The accounting form (Fiduciary's Account) is available from the Circuit Court Probate Division.

Wait for the creditor period to close. The 6-month creditor demand period is your safeguard against late claims. Distributing assets before it expires can make you personally liable for late-arriving valid claims.

Request court approval for distribution. File the final accounting and request court approval to distribute assets. Beneficiaries receive notice of the accounting and can object if something looks wrong.

Distribute assets according to the will. After court approval, transfer assets to beneficiaries as directed. For real estate, prepare and record deeds. Get signed receipts from each beneficiary.

Request discharge. Once everything is distributed and the court approves your final accounting, request your discharge as executor. The court issues an order releasing you from further liability.

For a broader look at how the probate timeline typically unfolds, see our detailed timeline breakdown.

New Hampshire-Specific Probate Rules to Know

Beyond the step-by-step process, several New Hampshire-specific rules can affect how you manage the estate.

6-month creditor demand period. New Hampshire's creditor demand period is 6 months from appointment (RSA 556:3). Creditors must present their demands within this window, and then have an additional 6 months to bring suit if needed. This means the full claims process spans about a year, but the initial demand period is 6 months.

Circuit Court Probate Division. New Hampshire handles probate through the Circuit Court Probate Division, which was reorganized from the former standalone Probate Courts. Each county has its own Probate Division, and procedures can vary slightly by county. The court provides forms and resources online.

Executor compensation. New Hampshire allows "reasonable compensation" for executors. There's no fixed statutory fee schedule — compensation is based on the time spent, complexity, and local custom. The court must approve the compensation as part of the final accounting. For more on how executor compensation works across states, see our detailed guide.

Spousal rights. New Hampshire provides significant spousal protections. The surviving spouse has a right to an elective share of the estate — typically one-third of the estate — regardless of what the will says. The surviving spouse also has a right to the homestead for life or until remarriage.

No state income tax. New Hampshire's lack of state income tax (the interest and dividends tax was fully repealed in 2025) simplifies estate administration. There are no state income tax returns to file for the decedent or the estate, and estate income is not taxed at the state level.

Real estate transfer tax. While New Hampshire has no death taxes, be aware that when real estate changes hands during estate distribution, the transfer may trigger New Hampshire's real estate transfer tax (currently $0.75 per $100 of price or consideration for both buyer and seller). Certain estate transfers may qualify for exemptions.

What HeirPortal Does for New Hampshire Executors

When you set up an estate in HeirPortal, New Hampshire-specific deadlines and requirements populate automatically — the 90-day inventory deadline, the 6-month creditor demand window, publication requirements, and key filing dates. Your family members see the same timeline you do, which means fewer calls asking "why is this taking so long?" and more time spent actually moving the estate forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in New Hampshire?

Most New Hampshire estates take 9-15 months from filing to final distribution. The 6-month creditor demand period creates a built-in minimum timeline. Simple estates with cooperative families typically close within 9-12 months. Complex estates involving real estate sales, contested wills, or family disputes can take 15-24 months.

Does New Hampshire have an estate tax or inheritance tax?

No. New Hampshire has no state estate tax and no inheritance tax. It also has no state income tax (the interest and dividends tax was repealed effective 2025). The only estate-level tax concern is the federal estate tax, which applies only to estates exceeding $15 million.

Do I need a lawyer for probate in New Hampshire?

No — New Hampshire allows pro se (self-representation) in probate. The Circuit Court Probate Division provides forms and resources. However, for estates involving real estate, complex assets, or family disputes, a probate attorney can help navigate the process. Attorney fees come from the estate.

How much does probate cost in New Hampshire?

The major costs include:

• Court filing fee: $150 -- $305
• Executor bond premium: Varies (based on estate value)
• Newspaper publication: $100 -- $250
• Attorney fees: Varies (reasonable compensation)
• Death certificates: $15 for the first copy, $10 for each additional

New Hampshire's costs are moderate. The absence of any state death tax keeps overall expenses lower.

What is the inventory deadline in New Hampshire?

The executor must file an Inventory of Fiduciary within 90 days of appointment. This form lists all estate assets with their fair market values. Extensions may be available from the court if needed, but you should aim to meet the 90-day deadline.

Can I avoid probate in New Hampshire?

Yes, several strategies can help:

• Living trust: Assets in a revocable living trust pass outside probate
• Joint ownership with right of survivorship: Property passes automatically
• Beneficiary designations: Life insurance, retirement accounts, and POD accounts bypass probate
• Transfer-on-death deeds: New Hampshire allows TOD deeds for real estate
• Waiver of administration: Available when the surviving spouse (or sole child/parent) is the sole beneficiary, regardless of estate value

Can the executor live outside New Hampshire?

New Hampshire allows non-resident executors. The court may require a non-resident to appoint a resident agent for service of process. If you're managing an estate from out of state, the creditor period means you'll have an ongoing relationship with the New Hampshire courts — consider hiring a local attorney.

What is waiver of administration?

Waiver of administration replaced voluntary administration (which was abolished for deaths after January 1, 2006) as New Hampshire's simplified estate procedure. A waiver of administration is available when the surviving spouse (or sole child/parent) is the sole beneficiary, regardless of estate value. It avoids the need for formal probate administration and is the fastest and simplest way to settle a qualifying estate.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Probate in New Hampshire is straightforward in many ways — no state taxes to worry about, reasonable filing fees, and helpful court resources. The 6-month creditor demand period means you have room to be thorough without feeling rushed. Take it one step at a time, and know that you're honoring your sister's trust by handling this carefully.