New Hampshire probate is handled in the Circuit Court Probate Division. New Hampshire offers a particularly useful Waiver of Administration option when the surviving spouse or sole heir is the only beneficiary — the court can waive full administration entirely. This guide walks through every option, including a major recent increase to the state's homestead exemption.
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Does New Hampshire Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and (for spouses) tenancy by the entirety.
Waiver of Administration — New Hampshire's Best Shortcut
When the surviving spouse or sole heir is the only beneficiary and also serves as administrator, RSA 553:32 allows the Probate Division to waive the requirements for a bond, an inventory, and an accounting — one of the most efficient probate procedures in any state. Administration under this waiver is completed by filing an affidavit of administration with the court, which must happen not less than 6 months nor more than 1 year after the administrator's appointment.
Voluntary Administration ($10,000)
For very small estates with personal property of $10,000 or less, New Hampshire offers Voluntary Administration under RSA 553:31-a — a simplified procedure for the surviving spouse or other immediate family member.
Standard Probate Tracks
- Standard administration: Most NH estates that don't qualify for Waiver of Administration.
- Supervised administration: The court actively supervises every step — used in contested cases or when complications need a judge.
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See the full checklist →How to Open Probate in New Hampshire
- File a Petition for Estate Administration in the Circuit Court Probate Division of the county where the deceased was domiciled.
- Bring the original will, a certified death certificate, and a list of heirs.
- Attend the brief hearing — typically scheduled 2–4 weeks after filing.
- If appointed, the court issues Letters of Administration or Letters Testamentary.
New Hampshire Personal Representative Compensation
New Hampshire allows "reasonable compensation" for the personal representative. There is no statutory percentage. Compensation typically runs 1–4% of estate value depending on complexity, though this is market practice, not a legal requirement.
Creditor Claims in New Hampshire
New Hampshire's creditor claim process has two distinct steps, not a single deadline. Under RSA 556:1, no lawsuit against the estate can begin within the first 6 months after the grant of administration, and a creditor's demand must have been "exhibited" (presented in writing) to the administrator, with payment demanded, before any suit can proceed. Separately, under RSA 556:5, any suit must be brought within 1 year of the grant of administration or it's generally barred (subject to a possible court-granted extension under RSA 556:28 in cases of excusable delay).
Pro tip
If the surviving spouse is the sole beneficiary and also the administrator, ask your attorney about Waiver of Administration on day one. It can eliminate the bond, inventory, and formal accounting requirements — saving substantial time and cost, though the affidavit of administration still can't be filed until at least 6 months have passed.
New Hampshire Intestacy
If there's no will, New Hampshire's intestacy statute, RSA 561:1, sets the surviving spouse's share on a tiered basis:
- No surviving descendants or parents: the spouse takes the entire estate.
- No surviving descendants, but a parent survives: the spouse takes the first $250,000 plus 3/4 of the balance.
- All surviving descendants are shared with the spouse, and the spouse has no other descendants: the spouse takes the first $250,000 plus 1/2 of the balance.
- All surviving descendants are shared with the spouse, but the spouse also has descendants who aren't the decedent's: the spouse takes the first $150,000 plus 1/2 of the balance.
- One or more surviving descendants are not the spouse's (for example, children from a prior relationship): the spouse takes the first $100,000 plus 1/2 of the balance.
No State Estate Tax, and a Much Larger Homestead Exemption
New Hampshire has no state estate tax and no inheritance tax. Only the federal estate tax applies, with its exemption of $15 million per person for 2026.
Separately — and importantly for anyone administering an NH estate that includes a home — New Hampshire's homestead exemption jumped from $120,000 to $400,000 per person, effective January 1, 2026, under RSA 480:1. Multiple qualifying owners of the same property can protect up to $550,000 combined. This is a significant, very recent increase that materially changes how much home equity is shielded from creditors during administration.
You're reading about probate in New Hampshire. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in New Hampshire may change. Consult a licensed New Hampshire attorney for guidance specific to your situation.