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Understanding Probate in New Hampshire Most states, including New Hampshire, offer some type of small estate probate that allows an estate to forego formal probate. New Hampshire does not have a small estate affidavit; however, the state does offer a “waiver of administration” for small estates that qualify.

Intestacy: Dying without a will In New Hampshire in the absence of a will, a surviving spouse inherits the entire estate unless the decedent and the spouse share descendants, in which case the spouse inherits the first $250,000 of the estate plus half the balance.

Steps to Create a Will in New Hampshire Decide what property to include in your will. Decide who will inherit your property. Choose an executor to handle your estate. Choose a guardian for your children. Choose someone to manage children's property. Make your will. Sign your will in front of witnesses.

In New Hampshire, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Typical Duration of Probate in New Hampshire The duration of probate in New Hampshire can vary depending on the specific circumstances of each case. On average, probate proceedings in the state typically last between six months to a year. However, more complex cases can take longer to resolve.

The term probate can often be used to describe the entire process of administering an estate, which in general is not a quick process. On average, estate administration can take 9-12 months. There is probably no such thing as “fast probate” but you can help speed up probate.

In New Hampshire, an estate may qualify for an alternative to formal probate known as “Waiver of Administration.” To qualify for Waiver of Administration, one of the following must apply: The decedent's Will names the surviving spouse as the sole beneficiary, and the spouse is appointed administrator of the estate.

So, how long does Probate take? On average, you should expect the Probate process to take 9 months from the date of death through to completion. Typically, we see Probate cases taking between 6 – 12 months, depending on the complexity and size of the Estate Probate is being applied on.

Living Trusts In New Hampshire, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on.