How probate costs work in New Hampshire
New Hampshire has not adopted the Uniform Probate Code — it runs its own probate framework under RSA Title LVI, administered by the Circuit Court, Probate Division in each county. New Hampshire also calls the role "administrator," not "personal representative." Unlike most states, the fee standard here comes from a court rule, not a statute passed by the legislature.
1. Administrator fee — set by court rule, not statute
Reported New Hampshire administrator fees often land in a rough 2%–4% range of estate value, but that's a market pattern, not a legal rate — any figure shown here is an illustrative estimate. Family administrators frequently waive the fee, since it's taxable income while an inheritance is not.
2. Attorney fee — the same court rule, same standard
3. Court & other costs
- Filing fee — starts around $150 for the Petition for Estate Administration (Probate Div. Rule 169).
- Publication to creditors — newspaper notice (~$55, waived for estates of $10,000 or less under § 553:16); creditors generally have 6 months from appointment to present claims (up to 1 year in some circumstances).
- Bond — required by default (§ 553:13); an estate valued at $25,000 or less needs only a personal bond without sureties, above that a corporate surety bond is typical unless waived by the will or the court.
- Appraisal, certified copies — small additional costs.
4. No New Hampshire death tax
5. When probate can be simplified in New Hampshire
Unlike most states, New Hampshire's simplified tracks are not keyed to a dollar threshold — there's no small estate affidavit here. Instead, eligibility turns on who's involved:
- Waiver of Administration (RSA § 553:32) — available when a sole beneficiary or heir serves as administrator, or all beneficiaries or heirs serve as co-administrators or consent. Drops the inventory, bond, and accounting entirely, at any estate size.
- Summary Administration (RSA § 553:33) — for estates the waiver doesn't cover; lets the administrator close without a final account, no earlier than 6 months after appointment, with everyone's consent.
| Cost component | New Hampshire figure | Source |
|---|---|---|
| Administrator fee | Reasonable; no set % (often waived) | Probate Div. Rule 88 |
| Attorney fee | Reasonable; no set % (usually hourly) | Probate Div. Rule 88 |
| Filing fee | ~$150 | Probate Div. Rule 169 |
| Simplified tracks | Keyed to who's involved, not $ value | RSA § 553:32 / 553:33 |
| State estate / inheritance tax | None | NH Dept. of Revenue Admin. |