If you have been named the executor or appointed as an administrator of an estate in New Hampshire, you will have several responsibilities. Depending on the size of the estate, probate can be a long and complicated matter. For this reason, it is essential to engage the services of an experienced probate and estate administration attorney to help you navigate the process.
Experienced Legal Advice for Estate Executors and Administrators
DE Whiting LLC provides advice and counsel to executors and administrators in Concord, New London, and Merrimack Counties. We will help you understand your obligations and assist you with carrying out your duties smoothly and efficiently.
Understanding How Probate Works with Wills, Trusts & Estates in NH
Probate is a court-managed proceeding through which a deceased person’s assets are managed and distributed to beneficiaries. In New Hampshire, the Circuit Court Probate Division has jurisdiction over matters related to wills, trusts, and estates.
If the decedent had a will in place, an executor is named to handle the estate. This individual is tasked with fulfilling the terms of the will and is responsible for carrying out many duties, including:
- Validating the will in the probate court.
- Filing all required notices to beneficiaries.
- Preparing an inventory and appraisal of the estate assets.
- Paying outstanding debts from the estate proceeds.
- Resolving creditor claims.
- Distributing assets to the beneficiaries.
- Closing the estate.
Assets That Don’t Need to be Probated
It is important to note that certain types of assets do not need to be probated such as property in which title was held jointly, retirement accounts such as IRAs and 401(k)s, life insurance policies, bank accounts with pay on death designations and property owned by a revocable living trust.
Although there are no estate taxes in the state, it may be necessary to file and pay estate taxes imposed by the federal government. Also, the estate may need a final personal tax return, as well as, a fiduciary return.
When Someone Dies Without a Will in Place
If someone dies without a will in place (intestate), a close relative or friend will need to ask the court to be appointed as the administrator. The duties of the administrator are similar to those of an executor, however, this individual must distribute the assets according to the state's intestacy laws which gives preference to spouses, children, and parents. We are here to help you navigate this process and ensure you fully understand all laws relating to the administration of the estate.
A Probate Attorney You Count on During the Entire Process
DE Whiting LLC works with executors throughout the entire process, including opening the estate, inventorying the assets, preparing the accounting, and filing the necessary taxes. In some cases, we may be able to expedite the process by seeking a waiver of administration or summary administration.
Looking for a Probate Administration Lawyer in NH?
If you have been named an executor or lost a loved one who passed on—without a will in place—we can help you navigate the probate or estate administration process. We have extensive experience working with executors and administrators and are well-versed in the rules of the New Hampshire probate court. Call our office today for a consultation.
We proudly serve clients in Greater Concord and surrounding areas throughout the State of New Hampshire.