New Hampshire Small Estate: Filing How-To

No waiting period, no bond, no publication — but also no fee for whoever takes this on.

RSA 553:32, 553:16

Quick answer: confirm personal property is at or under $10,000, then file the Waiver of Administration with the Circuit Court Probate Division — no waiting period, no bond, and no publication required. Check whether an estate qualifies with the New Hampshire small estate checker.

Step by step

  1. Total the personal property against the $10,000 cap.
  2. File with the Circuit Court Probate Division in the decedent's county — there's no waiting period, so this can happen right away.
  3. Skip the bond — it's automatically waived for this process.
  4. Skip newspaper publication of creditor notice — also waivable for small estates.
  5. Understand no fee is available for handling the estate under this track.

Filed with the same court as full probate

Worth knowing: a Waiver of Administration is filed with the Circuit Court Probate Division in the county where the decedent lived — the same court, and the same RSA 553:16 publication waiver, apply to smaller estates using this simplified process.

A genuinely fast path, with a real trade-off

No waiting period, no bond, and no publication requirement make this the fastest path available — but whoever handles the estate does so without compensation, since the option to be paid simply isn't part of this particular track.

Facing probate in New Hampshire?

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

Talk to a New Hampshire attorney

Each of New Hampshire's ten counties processes this the same way through its own Circuit Court Probate Division location.

How-to — frequently asked questions

Where is a Waiver of Administration filed?

With the Circuit Court Probate Division in the county where the decedent lived, the same court that handles full probate.

Is publication of creditor notice required for this process?

No — RSA 553:16 specifically allows a publication waiver for small estates using this simplified process.

Is a bond required under this process?

No — the bond is automatically waived for estates using the RSA 553:32 waiver-of-administration process.

What's the practical effect of no fee being allowed?

Whoever handles the estate under this process does so without compensation — useful to know before volunteering, since the option to be paid simply isn't part of this particular track.

How do I file a small estate affidavit in New Hampshire?

Confirm personal property is at or under $10,000, then file the Waiver of Administration with the Circuit Court Probate Division — no waiting period, no bond, and no publication required. Check whether an estate qualifies with the New Hampshire small estate checker.

This page provides general guidance only and is not legal advice. Based on RSA 553:16, 553:32. Confirm current requirements with the Circuit Court Probate Division or a licensed New Hampshire attorney before acting.