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There is a strict time limit within which an eligible individual can make a claim on the estate. This is six months from the date that the grant of probate was issued. For this reason, executors are advised to wait until this period has lapsed before distributing any of the estate to the beneficiaries.
To begin the probate process, the executor must contact the local court office and file papers, or petitions, and the process may take a matter of weeks or even years, depending on the estate's magnitude.
Most debt claims, however, that arise from a written credit contract must be brought within 3 years of the payment default. There are exceptions to this rule, for example, a retail sales installment contract claim may be brought within 4 years of the default of payment.
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.
Remember, credit does not die and continues after the death of the debtor, meaning that creditors have a right to claim from the deceased's estate. Remember, the executor is obliged to pay all the estate's debts before distributing anything to their heirs or legatees of the deceased.
The will and a petition for probate must be filed with the court in the county where the decedent lived or had property if they lived out of state. An executor or administrator is appointed and approved by the court. The executor must take inventory of all the assets and may need to have some appraised.
One of your first responsibilities is to file the Will for probate. As discussed earlier, you are not required to hire an attorney. The court does not require Personal Representatives to be legal or financial experts. Thus, it is entirely possible for these roles to be executed without the assistance of a professional.
Within 30 days of death: File the decedent's will with the Estates Electronic Filing Center, 2 Charles Doe Drive Suite 2, Concord NH 03301.
Section 2 AEL. Defines who personal representatives are and they include executors and administrators. They administer the estate of the deceased. An executor is appointed by will while an administrator is appointed by the Court.
Within these limits, New Hampshire maintains a 3-year statute of limitations on general debts, from original due date or most recent payment, whichever is later (see NH Rev Stat § 5).