In order to close an estate a petition for final distribution should be filed before the court showing that the estate can be closed and requesting distribution to be made to the beneficiaries. Usually when a petition for final distribution is filed, the court requires detailed accounting of all the monies and other items received and all monies paid out during administration. However, the accounting may be waived when all persons entitled to receive property from the estate have executed a written waiver of accounting. Waiver simplifies the closing of the estate. When all the beneficiaries are friendly obtaining waiver is not a problem.
New Hampshire Waiver of Final Accounting by Sole Beneficiary
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This process, which can be used for either intestate (without a will) or testate (with a will) estates, requires minimal court supervision. An inventory of estate assets, a fiduciary bond and an accounting are not required under this form of administration.
You may be able to avoid probate in New Hampshire by: Making a Revocable Living Trust. Titling property: Joint Tenancy. Community Property With Right of Survivorship. Tenancy by the Entirety. Create accounts as TOD or POD (Transfer on Death; Payable on Death) Establish beneficiaries.
The Estate Settlement Timeline: There is no specific deadline for this in New Hampshire law, but it is generally best to do so within 30 days to prevent unnecessary delays in the probate process.
If you die without a will in New Hampshire, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)
Creditors have a certain time frame, typically six months from the date of appointment of the executor or administrator, to file their claims for payment. If the estate has enough assets, the debts are paid. If not, creditors are generally paid on a pro-rata basis.
In New Hampshire, most but not all the probate process can be avoided if a person has a Revocable Living Trust, and all their assets are in their Trust when they pass away.
Even if there are no assets, but there is a will, you must file the will, any codicils (amendments), and a death certificate with the Probate Court within thirty (30) days of the date of death.
