Court Safekeeping of Original Wills in New Hampshire

Short answer A person holding a will must deliver it to the probate court or the named executor within 30 days after learning of the testator's death. The named executor then has a separate 30-day court-filing duty, measured from death or knowledge of the appointment, whichever is later.

State

New Hampshire

Statute checked

October 5, 2026

Sources

4 statutes

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At a glance

Statutory safekeeping route	Cited RSA 552:2–3 govern postdeath delivery and filing, not a lifetime safekeeping deposit.
Who may deposit	After death, every person with custody has a delivery duty (RSA 552:2).
Proper court or clerk	Custodian delivers to probate court or named executor; executor files with probate court (RSA 552:2–3).
Envelope and filing record	Cited postdeath provisions specify no lifetime deposit wrapper or record (RSA 552:2–3).
Fee and receipt	Cited postdeath provisions specify no lifetime safekeeping fee or receipt (RSA 552:2–3).
Custody before death	Cited RSA 552:2–3 address duties after death.
Retrieval before death	Cited RSA 552:2–3 do not prescribe lifetime retrieval.
Notice after death	Knowledge of death starts the custodian's 30-day delivery period (RSA 552:2).
Opening and release after death	Deliver to court or named executor; executor files within the later applicable 30-day period (RSA 552:2–3).

Current custody procedure

N.H. Rev. Stat. § 552:2 begins with a person who has custody of a will and learns of the testator's death. That person has 30 days from learning of the death to deliver the will to the probate court or the person named as executor. This provision addresses delivery after death; it does not describe a lifetime court-deposit process.

Requirements one by one

Postdeath release

The named executor's filing deadline under § 552:3 is distinct: it is 30 days after death or 30 days after learning of being named, whichever is later. If the estate has assets, the executor must cause the will to be proved or file a written refusal. If there are no assets, the executor provides a death certificate and files the will without administration.

What trips people up

Under § 552:4, neglect carries a $20 forfeiture for each month after the 30 days, unless the probate court accepts an excuse. Under § 552:5, a custodian who still fails to deliver after citation may be compelled by court warrant.

Common questions

Can the custodian give the will to the executor instead of the court? Yes. Section 552:2 permits either destination, but the named executor then has the separate court-filing duty in § 552:3.

Does an estate with no assets avoid filing? No. Section 552:3 directs the executor to provide a death certificate and file the will with no administration.

Statutes and sources

N.H. Rev. Stat. §§ 552:2–5: current official text, quoted with source URL and access date above.

Source links

Every statute quoted above, linked, with the date we checked it.

N.H. Rev. Stat. § 552:2 · accessed 2026-10-05

N.H. Rev. Stat. § 552:3 · accessed 2026-10-05

N.H. Rev. Stat. § 552:4 · accessed 2026-10-05

N.H. Rev. Stat. § 552:5 · accessed 2026-10-05

This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

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