PRACTICE AREAS

Probate

Probate is complex and often misunderstood. At its core, it is a form of litigation to re-title assets after someone passes away. Upon the loss of a loved one, we can help you to navigate the probate process and can help you to properly administer the trust to settle the Grantor’s estate. The death of a loved one can be an emotionally overwhelming time. Morneau Law can help you through the legal process and take some weight off your shoulders.

30 Day Deadline

When someone passes away in the state of New Hampshire with a valid Will, the person nominated Executor of the Will is expected to present the Will along with a valid death certificate to the corresponding Circuit Court Probate Division. Each county only has one probate division and Morneau Law is conveniently located a short walk to the Hillsborough County Probate Division.

Depending on the status of the person who has passed, also called the “decedent,” there may or may not be a filing fee, the price of which will depend on the value of the estate. By this first deadline, the nominated Executor must meet the requirement to file with the Circuit Court Probate Division within 30 days of death. We can assist you through the probate process and help determine what type of administration to file with the Court so please contact us prior to the thirty (30) day deadline.

Types of Administration

• Waiver of Full Administration: This type of administration is probably one of the easiest probate processes and exists in a few situations with and without a Will present. Generally the circumstance surrounding this type of administration is when only one beneficiary (with the exception of when it is the parents of a decedent who are administering the estate together) exists.
• Voluntary Administration: This type of administration is generally inapplicable as the decedent involved would have had to die prior to January 1, 2006. A different petition then the usual Petition for Estate Administration is filed in these cases.
• Regular Administration: This type of administration speaks for itself. If the situation of the decedent does not fit the alternate administrations above, then a regular administration is the only other option available. Regardless of whether it is a Regular Administration or a Waiver of Full Administration case a Petition for Estate Administration is required to open the case with the Court and the appropriate fees and documentation is required at the time of this filing.

Helpful Resources

• Navigating Probate Unrepresented
• Additional Court Resources