How Probate Works in New Hampshire

Does New Hampshire require probate?

For most estates, yes. New Hampshire has one of the lowest small estate thresholds in the country at just $10,000. Only estates at or below that amount can use a waiver of administration to avoid full probate.

The state has not adopted the Uniform Probate Code, so probate tends to be more formal and court-supervised than in UPC states.

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What court handles probate in New Hampshire?

Probate in New Hampshire is handled by the Circuit Court (Probate Division) in the county where the deceased person lived. New Hampshire has 10 counties, each with a Probate Division that handles wills, estates, guardianships, trusts, and name changes.

The Probate Division operates as part of the Circuit Court system, which was consolidated in 2011. Each county still has its own probate clerk's office and judges dedicated to estate matters.

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Small estate threshold

Estates valued at $10,000 or less can request a waiver of administration from the Probate Court (New Hampshire RSA § 553:32).

Requirements:

• The total estate value (typically personal property) does not exceed $10,000.
• No real estate is titled solely in the deceased's name.
• The applicant is entitled to the property under the will or intestate law.

This simplified process allows the heir to collect assets without the full appointment of an administrator or executor. It is limited to personal property and does not transfer real estate.

At $10,000, New Hampshire's threshold is among the lowest in the nation. Most estates will need to go through the standard probate process.

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Simplified probate options

New Hampshire does not offer informal probate like UPC states. The main paths are:

Full administration. The standard process for most estates. The court appoints an executor (if there is a will) or administrator (if there is no will). The appointed person manages the estate, pays debts, and distributes assets under court oversight. An inventory, accounting, and final report are required.

Voluntary administration. For estates that do not require full probate but exceed the waiver threshold, the court may allow a simplified administration with reduced reporting requirements. This is available for smaller, uncontested estates.

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What if there is no will?

When someone dies without a will in New Hampshire, the estate follows the state's intestate succession laws (RSA § 561:1 et seq.).

If the deceased was married:

• Spouse and children. The surviving spouse receives the first $250,000 of the estate plus 50% of the balance if there are children. If the surviving spouse also has children from another relationship, the spouse receives the first $100,000 plus 50% of the balance.
• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse, no children, but surviving parents. The surviving spouse receives the first $250,000 plus 75% of the balance. The parents receive the remainder.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes New Hampshire different?

Very low small estate threshold

At $10,000, New Hampshire's waiver of administration threshold is one of the lowest in the country. For comparison, neighboring states like Maine ($40,000) and Vermont ($45,000) have thresholds four to five times higher. This means most New Hampshire estates, even modest ones, will need to go through formal probate.

Homestead right

New Hampshire provides a homestead right of up to $120,000 for the surviving spouse or minor children. This protects the family home from creditors during and after probate, up to that dollar amount.

No income or estate tax

New Hampshire has no state estate or inheritance tax and no state income tax on wages (interest and dividends were taxed until 2025, when that tax was fully repealed). This simplifies the financial aspects of estate settlement.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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