New Hampshire Probate Cost: Full Breakdown

Exactly what you pay to settle an estate in New Hampshire — reasonable administrator and attorney fees with no fixed percentage, Probate Division fees, and publication — with worked examples. No death tax, rule cited.

Probate Div. Rule 88 FigureMyTax Editorial Team

Quick answer: New Hampshire is unusual in how its fee standard is written down: not a statute, but Circuit Court Probate Division Rule 88, requiring both the administrator's fee and the attorney's fee to be reasonable for the work, responsibility, and risk involved — and court-approved. Neither has a fixed percentage. Reported fees often land in a rough 2%–4% market range each, plus a filing fee starting around $150. There's no death tax. Get your own estimate with the New Hampshire probate cost calculator.

1. A court rule, not a statute — the source itself is distinctive

NH Circuit Court, Probate Division, Rule 88: "fees and expenses of fiduciaries and attorneys" are "subject to the approval of the court" and must be "reasonable for the work, responsibility, and risk involved." New Hampshire has no RSA statute setting administrator or attorney compensation — the entire standard lives in this court rule, a genuine difference in legal source from states with a compensation statute.

Because neither fee is fixed anywhere, any percentage shown in this guide (including our calculator's ~3% default for each) is an illustrative market-rate estimate. Ask your Probate Division or attorney what's typically approved for a similar estate.

2. Court cost & the tax picture

Court: filing starts around $150 (Probate Div. Rule 169); publication runs about $55, waived for estates of $10,000 or less (§ 553:16); creditors generally have 6 months from appointment to claim (up to 1 year in some circumstances). No death tax: New Hampshire repealed its legacy and succession tax for deaths on or after January 1, 2003, and ended the separate estate tax filing requirement for deaths on or after January 1, 2005.

Illustrative worked totals

At an illustrative ~3% each for the administrator and attorney (market pattern, not a rule-set rate):

Estate valueAdmin. fee (est.)Attorney (est.)Filing + pub.Approx. total
$100,000$3,000$3,000$205≈ $6,205
$300,000$9,000$9,000$205≈ $18,205
$500,000$15,000$15,000$205≈ $30,205

Filing + pub. = $150 filing + $55 publication. Administrator and attorney figures are illustrative only — neither is fixed by rule or statute, and family administrators often waive their fee entirely. Run your own numbers in the calculator.

How to reduce New Hampshire probate costs

  • Use Waiver of Administration if a sole beneficiary/heir serves, or all beneficiaries/heirs serve or consent (RSA § 553:32) — drops the inventory, bond, and accounting at any estate size.
  • Use Summary Administration once 6 months have passed and everyone consents (RSA § 553:33).
  • Administrator waives the fee if a family member and beneficiary.
  • Keep the estate at $25,000 or less for a personal bond only, no surety cost (§ 553:13).
Facing probate in New Hampshire?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a New Hampshire attorney

Estimate for general guidance only, not legal or tax advice. New Hampshire sets no statutory percentage for the administrator or attorney fee; both are reasonable amounts under Circuit Court Probate Division Rule 88, subject to court approval. Figures shown are illustrative market-rate estimates, not legal rates. New Hampshire has no dollar-threshold small estate procedure; Waiver of Administration (RSA § 553:32) and Summary Administration (§ 553:33) depend on who is involved. New Hampshire has no estate or inheritance tax. Verify with the Probate Division or a licensed New Hampshire attorney.