Small estates in New Hampshire (2026)

New Hampshire at a glance

Affidavit cap

No affidavit

Court shortcut

Waiver of Administration (RSA 553:32)

Can you use it?

Enter the date of death and the value. Nothing you type leaves your browser.

The rules in New Hampshire

• The affidavit. New Hampshire has no small-estate affidavit for collecting property without court. The former voluntary administration statute (RSA 553:31) was repealed effective 2006-01-01; estates go through the Circuit Court Probate Division, usually by Waiver of Administration.
• Conditions. Waiver of Administration fits when a sole beneficiary/heir serves as administrator, all beneficiaries/heirs serve or assent, a trust is sole beneficiary with trustee assent, or the court finds it appropriate. No debts may remain when the closing statement is filed.
• Who can sign. For Waiver of Administration: the sole beneficiary or sole heir (including a surviving spouse), all beneficiaries/heirs as co-administrators, or another appropriate person with their assent.
• Court filing. A Petition for Estate Administration (NHJB-2145-Pe) is e-filed with the Circuit Court Probate Division; the original death certificate is mailed to the Estates Electronic Filing Center.
• Fee. Petition for Estate Administration: $150 (estate $10,000 or less), $205 ($10,001-$25,000), $305 (over $25,000), per the court's 07/01/2025 e-filing sheet.

Houses, land and vehicles

• Real estate. No affidavit for land. Real estate passes through estate administration; the waiver closing statement must list all real estate by location, book and page.
• Vehicles. A family-use vehicle of a married resident passes to the surviving spouse by survivorship unless the title says otherwise; the spouse signs the title and gives a copy of the death record (RSA 261:17). No official DMV page on other deceased-owner transfers was found.

When the affidavit isn't enough

Court-appointed administrator, but no inventory, bond or accounting; the estate closes when the court approves a Waiver of Full Administration Statement filed 6-12 months after appointment. No dollar cap. Other estates may close by summary administration (RSA 553:33) after 6 months with all beneficiaries' assents.

Good to know in New Hampshire

• Any interested person may ask for full administration before the waiver estate closes (RSA 553:32, II).
• The administrator still must pay administration expenses and debts from estate assets (RSA 553:32, VI).
• courts.nh.gov PDFs block scripted downloads; the pamphlet and fee sheet were read in a browser.

Official help and forms

• New Hampshire official self-help on small estates
• New Hampshire small-estate form

Sources

• RSA 553:31 (repealed) (read October 23, 2026)
• RSA 553:32 Waiver of Administration (read October 23, 2026)
• RSA 553:33 Summary Administration (read October 23, 2026)
• RSA chapter 261 (261:17 vehicle survivorship) (read October 23, 2026)
• NH Judicial Branch - What is Waiver of Administration? (read October 23, 2026)
• NH Judicial Branch - Opening an estate without a will, waiver (014e, fees) (read October 23, 2026)

Legal information, not legal advice. Caps and forms change — confirm with the court or the statute before you sign. How we check: methodology.