Small Estate Affidavit Thresholds & Procedure in New Hampshire
At a glance
| Governing law | RSA 553:32 (waiver of administration); former RSA 553:31 repealed in 2006; RSA 553:33 covers later summary closing |
|---|---|
| Dollar threshold | No dollar threshold in RSA 553:32; eligibility depends on beneficiaries or heirs and appointment |
| Court filing required? | Yes: administrator appointed by probate court; court later approves closing affidavit (RSA 553:32 I) |
| Waiting period after death | No post-death wait specified for appointment; closing affidavit filed 6 months to 1 year after appointment, extendable for good cause (RSA 553:32 I(b)) |
| Works with a will, intestacy, or both? | Both: testate and intestate appointment arrangements listed in RSA 553:32 I(a)(1)–(5) |
| Does it cover real property? | Yes: closing affidavit must list the decedent’s real estate, location, book, and page (RSA 553:32 I(b)) |
| Signature formalities | Court-filed affidavit of administration at closing; RSA 553:32 I(b) gives no separate witness count |
| Protection for the bank/holder | Administrator acts by court appointment; RSA 553:32 sets waiver and closing mechanics rather than a direct holder affidavit |
Requirements one by one
Dollar threshold
RSA 553:32 I(a) lists beneficiary, heir, trust-beneficiary, and discretionary court conditions without a dollar limit. The former voluntary-administration provision, RSA 553:31, was repealed effective January 1, 2006.
Court filing required?
The waiver still depends on a court-appointed administrator. Under § 553:32 I(b), administration ends when the administrator files an affidavit of administration and the probate court approves it. The waiver removes an inventory, bond, and accounting in the listed circumstances.
Waiting period after death
Section 553:32 states no fixed wait after death to seek appointment. Its closing deadline runs from the appointment: the affidavit must be filed no earlier than six months and no later than one year afterward, unless the court extends the one-year deadline for good cause.
Works with a will, intestacy, or both?
Both. Section 553:32 I(a)(1)–(3) lists arrangements with a will; I(a)(4)–(5) covers a sole intestate heir or assent by all heirs. The court also has discretion under I(a)(6).
What trips people up
Waiver of administration still uses a court appointment; the waived duties are inventory, bond, and accounting. The closing affidavit under § 553:32 I(b) must list all real estate owned at death, including its location, book, and page. RSA 553:33 is a separate summary-closing route for estates outside § 553:32 after at least six months of administration.
Common questions
Can all heirs choose one administrator? Yes. Section 553:32 I(a)(5) permits appointment of an appropriate person with the assent of all heirs in an intestate estate.
What if the administrator misses the closing deadline? Section 553:32 I(c) lets the court issue a default or show-cause order, or require full administration.
Statutes and sources
- RSA 553:31: former provision's repeal — official section (accessed 2026-10-07).
- RSA 553:32: waiver eligibility, appointment, and closing affidavit — official section (accessed 2026-10-07).
- RSA 553:33: separate summary-closing route — official section (accessed 2026-10-07).
Source links
Every statute quoted above, linked, with the date we checked it.
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