search

2 minute read

Cost of Probate in New Hampshire

Curious about the cost of probate in New Hampshire? Read our guide that covers everything about New Hampshire probate fees.

Share this article

Probate is the court-supervised process to begin the distribution of assets and property after the death of an estate owner. It’s a common proceeding in the state of New Hampshire, and happens in a lot of cases where an estate needs to be administered. Many people have questions about the average cost of probate in New Hampshire. And the answer is this: the cost of probate in New Hampshire will ultimately depend on a number of factors such as:

  • Size and complexity of an estate

  • Whether or not any heirs contest the Will

  • What type of Estate Plans were left

  • Use of a probate attorney

  • Etc.

Common Probate Fees in New Hampshire

Despite there being a wide range of probate costs, some fees are common in almost all probate proceedings. If you’re going through probate, be prepared to pay some or all of the following:

  • Miscellaneous court and filing fees

  • Attorney fees

  • Any required bonds

  • Personal Representative compensation - New Hampshire is a reasonable compensation state

  • Various professional fees

  • Etc. 

Common Questions About Probate in New Hampshire

How Long Does Probate Take in New Hampshire?

Probate can take anywhere from around nine months to about a year for an average estate to be settled through New Hampshire probate. Very complex or large estates can take much longer, while simpler, basic estates could even be handled more quickly.

How Much Does a Probate Lawyer Cost in New Hampshire?

Because probate attorney fees in New Hampshire can vary, it’s not easy to give an exact cost. Some probate attorneys charge a flat fee, and others bill by the hour.

How to Avoid Probate in New Hampshire?

It’s not uncommon to want to avoid probate, and with good reason. It can be complicated and stressful (not to mention, time-consuming and costly!). You may be able to avoid probate in New Hampshire by:

  • Making a Revocable Living Trust

  • Titling property: 

    • Joint Tenancy

    • Community Property With Right of Survivorship

    • Tenancy by the Entirety

  • Create accounts as TOD or POD (Transfer on Death; Payable on Death)

  • Establish beneficiaries

Estates that don’t meet or exceed New Hampshire’s “small estate” threshold can likely avoid probate 

What is Considered a Small Estate in New Hampshire?

There is no Affidavit procedure in New Hampshire, but there is a summary probate procedure available if: 

  • A Will is present and a surviving spouse/only child/parent is named sole beneficiary and only administrator in the Will

  • A Will isn’t present but the same people are named sole inheritors and also appointed as administrator of the estate by the courts

Who Pays Probate Fees in New Hampshire?

Don’t worry about the cost of probate. Fee associated with the process (even probate lawyer fees in New Hampshire) are paid for out of the estate. 

Share this article