The New Hampshire Circuit Court defines probate as, “the process of proving that a particular document is a valid will. The term “probate” also refers to the functions of the Circuit Court Probate Division in the appointment of an administrator and supervision over the settlement of an estate.”

When an individual (known as a “decedent”) passes away, whether with or without a Will (and/or a Trust), New Hampshire law requires that notification of the decedent’s death be provided to the Probate Division of the New Hampshire Circuit Court. Such notification is required in order to ensure that the decedent’s assets and debts are handled either in accordance with the decedent’s wishes, if they had a Will, or in accordance with New Hampshire law, in the absence of a Will.

In 2017, the Probate Division instituted the use of electronic filing which means that if you need to start a case in the Probate Division, you must do so online. This can be done on your own by either accessing the information on your own computer or at the Court. You can also meet with an attorney to assist you in this process.

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