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New Hampshire Small Estate Affidavit | Form NHJB-2144-P

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The New Hampshire small estate, or ‘Petition for Small Estate Administration’ or ‘Form NHJB-2144-P’, is the form now used in the event that a person seeks to limit the probate process in New Hampshire as long as certain conditions are met. New Hampshire repealed the small estate process and has instead offered successors to waive the full administration of probate. In order for a successor to be able to do this, they must first petition to open a probate estate, submit a death certificate and will, if there was one and make sure there is a resident agent available. If the successor is the surviving spouse of the decedent or the only child, with no surviving spouse, then that person may file this form with the Probate Court after 6 months have passed which will shorten the process of closing the estate if it is approved by the court.

Laws – Section 553:32

Maximum Amount (eCourt Booklet)- $10,000

Guide on Administering an Estate – Guide provided by the NH State BAR

Real Estate ONLY (Form NHJB-2144-P) – Must be filed in the Probate Court.

How to Write

1 – Open The New Hampshire Affidavit Template

A copy of this template can be downloaded through the buttons captioning the image on this page. This paperwork can be opened with a pdf editor or word processing program. If you lack such software, you can use an up-to-date internet browser to access and view the pdf version then print it directly from the browser.

2 – Present The Case Information To The Heading

The first three lines of this page will require you present the name of the court handling this estate, the “Case Name” (usually known as the estate name), and the “Case Number.” You can only obtain this information from the court records handling the Decedent’s case.

3 – Document Information Identifying Each Concerned Party

Report the status of this paperwork by marking the checkbox labeled “Original” to indicate this is an initial filing. If not, then check the box labeled “Amended. Only mark one of these checkboxes. Every individual petitioning the probate must have his or her full name, telephone number, and mailing address documented using the blank spaces labeled “Petitioner Name,” “Telephone,” and “Mailing Address.” There is enough room, using items 1 and 2, to report on two Petitioners. If more room is needed you may use an editing program to add this information or supply an appropriately labeled attachment. In most cases, an Attorney will be handling the formal submission of this petition. This entity’s information must be included in this paperwork. Use the first two blank lines in the third item to clearly display the “Attorney Name” and “Telephone” number. Next, produce the Attorney’s “Firm Name,” “Mailing Address,” and “Bar ID#” on the next three appropriately labeled spaces. The Decedent will also need to be formally listed in this section. Produce the full name of the individual who has died on the blank line labeled “Deceased Name.” Then report “Date Of Death” as it is listed on the death certificate on the next blank space. The third blank line in this item will require the “Residence (City Or Town)” listed on the Decedent’s death certificate filled in. If the Decedent had a will in place at the time of death then, mark the first checkbox in the fifth item (“With Will”). If not, and the Decedent did not have a will at the time of death then mark the checkbox labeled “Without Will.” In the sixth item, you must report if the Petitioner was “Named” or “Not Named” in the Decedent’s will by marking the first or second checkbox. Make sure to mark the box “In Will Of The Deceased” if this is applicable. The relationship the Petitioner held with the Decedent must also be documented here. Use the blank line in the seventh item to disclose this information.

4 – Catalogue The Decedent’s Assets

The next section is a table where we will have to furnish each column with information regarding the Decedent’s estate. Begin by listing each “Asset” of the estate int he first column. Use the second and third columns to provide a “Description Of Assets” and each asset “Value.” Make sure the information reported on this table is accurate and up-to-date. Notice the second to last row in this table. This row is conditional. If this is an amended petition, then provide a description of the assets reported on the original petition in the second column. Additionally, present the total value of the assets reported in the original paperwork in the third column. Finally, present the total dollar value of the Decedent’s estate in the box labeled “Total Personal Estate.”

5 – Indicate How This Paperwork Will Be Delivered And Execute It

Before continuing to the next page, you must supply the second-page header information with the same “Case Name: Estate Of” and “Case Number” information presented on the first page.  The method by which this document is served to each interested party will have to be recorded before this affidavit may be executed. Locate the paragraph starting with the words “I Certify…” then mark the checkbox labeled “Hand-Delivery,” “US Mail,” or “Email” to indicate how this paperwork will be delivered. Note: You may not check “Email” if a prior agreement from a Circuit Court Administrative Order is in place. Each petitioner listed in the first and second items must supply his or her date of signature and sign this document utilizing the blank lines labeled “Date” and “Petitioner Signature.” The Notary Public witnessing the Petitioner signing this document will use the next section to notarize this signing. Only the presiding judge may fill out the “Order” section.