Executor Duties in New Hampshire: A Complete Guide

New Hampshire calls the personal representative either "executor" (with a will) or "administrator" (without one). New Hampshire is unusual in offering Waiver of Administration when the surviving spouse or sole heir is the only beneficiary — a substantial shortcut. This guide walks through every duty.

How to Get Appointed in New Hampshire

1. File the petition: File a Petition for Estate Administration in the Circuit Court Probate Division of the county where the deceased was domiciled. Bring the original will and a certified death certificate.
2. Attend the hearing: Typically scheduled 2–4 weeks after filing.
3. Receive Letters: If appointed, the court issues Letters Testamentary or Letters of Administration — your official authority over the estate.

New Hampshire Personal Representative Compensation

New Hampshire allows "reasonable compensation." There is no statutory rate. Compensation typically runs 1–4% of estate value depending on complexity, though this is market practice, not a legal requirement.

Does New Hampshire Require a Bond?

New Hampshire generally requires a surety bond for estates valued over $25,000. The Probate Division can waive this requirement in several situations: if the will explicitly waives bond, if the sole beneficiary named in the will is also the appointed administrator, if all heirs serve as co-administrators, if all interested parties sign a waiver, or if the court otherwise determines a waiver is appropriate. Most modern NH wills include a bond waiver, and the Waiver of Administration process (available when a surviving spouse or sole heir is both beneficiary and administrator) eliminates the bond requirement entirely.

Core Duties as Administrator/Executor in New Hampshire

1. File the Petition for Estate Administration and obtain Letters
2. Send Notice of Appointment to all heirs and beneficiaries
3. Open an estate bank account using the estate's EIN
4. File the Inventory with the Probate Division within 3 months of appointment (unless Waiver of Administration applies)
5. Publish the Notice to Creditors
6. Respond to any creditor demands "exhibited" within the first 6 months, and understand that any creditor suit must be filed within 1 year of the grant of administration
7. Pay valid creditor claims in the statutory order of priority
8. File final federal and state income tax returns for the deceased
9. Manage estate assets prudently throughout administration
10. File annual accountings if administration extends past the first year (unless waived)
11. Distribute remaining assets per the will (or New Hampshire intestacy rules)
12. File the Final Account and Petition for Decree of Distribution with the Probate Division (or, under Waiver of Administration, an affidavit of administration 6 months to 1 year after appointment)

Out-of-State Executors

New Hampshire allows non-resident executors. The court typically requires designation of a New Hampshire resident as agent for service of process.

How to Close the Estate in New Hampshire

In standard administration, close the estate by filing a Final Account and Petition for Decree of Distribution with the Probate Division; the court reviews and, if approved, enters an order discharging the executor. Under Waiver of Administration, you instead file an affidavit of administration, which must happen not less than 6 months nor more than 1 year after your appointment.