Laws
- Days After Death – No statute
- Maximum Amount ($) – No statute
- Signing Requirements – Must be notarized
- Statutes – Chapter 553, Waiver of Administration (§ 553.32)
How to File (4 steps)
1. Verify Eligibility
The person who fills out a waiver of administration is known as the “affiant,” the process is only available to certain types of heirs or successors. If the decedent had a will, the affiant must be the beneficiary. Whether or not the decedent had a will, the only people eligible to fill are, in order of priority: (i) a surviving spouse; (ii) a sole surviving child; (iii) surviving parent or parents; (iv) the trustee of a trust created by the decedent. Along with meeting one of the descriptions above, the affiant must be the estate administrator. If the decedent had a will, it’s possible that the decedent was named as an administrator. If the affiant has not been named the estate’s administrator by the will, this may be done in the next step.
2. File Petition for Estate Administration
Form NHJB-2145-Pe, a Petition for Estate Administration, opens a case in New Hampshire’s probate system. If the affiant still needs to be appointed the estate administrator and there is no other application, this will make the affiant an administrator. On the application, select the option to seek a Waiver of Administration. (This must be filed later.) The application must include a certified copy of the decedent’s death certificate. It may be filed with the probate court in the county where the decedent resided. To find the correct court, use this Court Locator. Some, but not all, probate materials may be filed electronically here.
3. Wait More than Six Months but Less Than a Year
The Affidavit for Waiver of Administration may only be filed between six months and a year after the affiant has been named as administrator for the estate. In the interim, verify that the estate has no unresolved debts or encumbrances against it; only estates without pending claims are eligible to waive administration.
4. File the Affidavit
Submit the notarized form to the same probate court that received the petition to open the case. A probate judge will rule on the petition and close the case. However, all paperwork should be maintained because even after the estate has been closed through the affidavit process, it remains eligible to be reopened to complete administration.