Letters Testamentary in New Hampshire
How the New Hampshire probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: The Circuit Court, Probate Division, appoints the executor or administrator and issues a 'certificate of appointment.' Except in summary administration, no one may administer an estate until they give bond to the judge, with sureties or other security the judge accepts, conditioned on… N.H. RSA 553:13
| Letters testamentary | The Circuit Court, Probate Division, appoints the executor or administrator and issues a 'certificate of appointment.' Except in summary administration, no one may administer an estate until they give bond to the judge, with sureties or other security the judge accepts, conditioned on filing the inventory, administering the estate according to law, filing accounts, paying taxes and distributing the residue. For estates with a gross value of $25,000 or less, only a personal bond without sureties is required, and the judge may waive sureties or security. Source: N.H. RSA 553:13 |
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| Who can be executor | Priority to serve: the executor named in the will; then the surviving spouse, next of kin, or their nominee; then beneficiaries or creditors; then anyone the judge considers proper. Minors and persons the judge finds unsuitable cannot serve. A non-resident may be appointed only if the judge finds it proper, and a non-resident must appoint a New Hampshire agent in writing. A bond with sureties is generally required; for estates of $25,000 or less only a personal bond without sureties is needed, the judge may waive bond, and no bond is required under waiver of administration. |
More New Hampshire estate law
- Medical Power of Attorney in New Hampshire
- Small Estate Affidavit in New Hampshire
- Power of Attorney in New Hampshire
- Quitclaim Deeds and Transferring Property in New Hampshire
- Who Inherits If You Die Without a Will in New Hampshire
- How to Make a Valid Will in New Hampshire
- How Probate Works in New Hampshire
- Living Wills and Advance Directives in New Hampshire
- Revocable Living Trusts in New Hampshire
- Executor Duties in New Hampshire
- Affidavit of Heirship in New Hampshire
- How to Avoid Probate in New Hampshire
- Transferring a Car After Someone Dies in New Hampshire
- All New Hampshire wills, probate and estate rules
FAQ
How do I get letters testamentary in New Hampshire?
The Circuit Court, Probate Division, appoints the executor or administrator and issues a 'certificate of appointment.' Except in summary administration, no one may administer an estate until they give bond to the judge, with sureties or other security the judge accepts, conditioned on filing the inventory, administering the estate according to law, filing accounts, paying taxes and distributing the residue. For estates with a gross value of $25,000 or less, only a personal bond without sureties is required, and the judge may waive sureties or security.
Who can be an executor in New Hampshire?
Priority to serve: the executor named in the will; then the surviving spouse, next of kin, or their nominee; then beneficiaries or creditors; then anyone the judge considers proper. Minors and persons the judge finds unsuitable cannot serve. A non-resident may be appointed only if the judge finds it proper, and a non-resident must appoint a New Hampshire agent in writing. A bond with sureties is generally required; for estates of $25,000 or less only a personal bond without sureties is needed, the judge may waive bond, and no bond is required under waiver of administration.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.