Petition for Probate of Will and for Letters Testamentary - Preparation Worksheet - New Hampshire
PETITION FOR PROBATE OF WILL AND LETTERS TESTAMENTARY — PREPARATION GUIDE
The Judicial Branch's NHJB-2145-Pe Petition for Estate Administration displays “For e-Filing only.” Use the current court form to submit the request. This worksheet gathers facts and documents; it is not itself the filed petition. The edition reviewed here is dated 04/03/2024; confirm the currently offered form and instructions before filing.
Official form: NHJB-2145-Pe Petition for Estate Administration
1. Case and petitioners
| Form field | Completed information |
|---|---|
| Court name and estate case number, if known | [COURT / NUMBER] |
| Original or amended petition | ☐ Original ☐ Amended; explanation [DETAIL] |
| Decedent name, date of death, and residence | [NAME / DATE / LOCATION] |
| Petitioner 1 name, contact, relationship, and NH residency | [DETAILS] |
| Petitioner 2, if any, and NH residency | [DETAILS / NONE] |
| Is each petitioner named executor in the will? | [YES / NO; WILL CLAUSE] |
| Counsel name, contact, and bar ID | [DETAILS] |
The official form asks separately whether each petitioner is named executor and whether each is a New Hampshire resident. Its resident-agent instruction applies when more than one petitioner is involved and neither is a New Hampshire resident; check the form and the actual petitioner set before attaching NHJB-2120-Pe.
2. Will and proposed administration
RSA 552:1 requires a will to be duly proved and allowed before it passes real or personal estate. Record the exact instrument offered and any prior probate or validity determination.
| Question | Answer and supporting document |
|---|---|
| Did decedent leave a will? Date and execution place? | [YES / DATE / PLACE / INSTRUMENT] |
| Codicils, restatements, or later instruments located? | [DATES / LOCATION / RESULT] |
| Original will and codicils located? | [CUSTODIAN / COURT INSTRUCTION FOR DELIVERY] |
| Was the will declared valid during life? | [YES / NO; COURT / ORDER] |
| Person nominated executor and any unable to serve | [NAME / WILL CLAUSE / PROOF] |
| Self-proof route, if any, under RSA 552:5-b | [DOCUMENT / STATUTORY ROUTE / COUNSEL REVIEW] |
| If uncontested, proof or assents for possible common-form approval under RSA 552:6 | [WITNESS / ASSENTS / CHARITABLE-INTEREST REVIEW] |
| Ordinary or ancillary administration, or request for waiver of full administration | [SELECTED FORM ROUTE / REQUIRED ASSENTS / COUNSEL REVIEW] |
| Estimated NH real estate and personal estate value | $[AMOUNT] / $[AMOUNT]; [SOURCE] |
RSA 552:6 permits the judge to approve an uncontested will in common form on the specified witness testimony or assents. Do not use RSA 552:7–:8 as a routine initial “solemn form” option: those sections address re-examination after a will was proved without notice. Counsel should identify any contest and the court's current procedure separately.
3. Beneficiaries and surviving family
The current court form separates living named beneficiaries, named beneficiaries who died before the decedent and possible successors, and surviving family members who are not named beneficiaries. RSA 552:5-a requires the presenter, with the appointment petition, to file the names, relationships, and known addresses of the surviving spouse and known heirs at law.
| Name or entity | Relationship / will clause | Living at death? | Minor? | Address | Court-form category |
|---|---|---|---|---|---|
| [NAME] | [RELATIONSHIP / CLAUSE] | [YES / NO] | [YES / NO] | [ADDRESS] | [12A / 12B / 12C] |
| [NAME] | [RELATIONSHIP / CLAUSE] | [YES / NO] | [YES / NO] | [ADDRESS] | [12A / 12B / 12C] |
| [NAME] | [RELATIONSHIP / CLAUSE] | [YES / NO] | [YES / NO] | [ADDRESS] | [12A / 12B / 12C] |
Surviving spouse and known heirs list attached for RSA 552:5-a: [DOCUMENT / DATE].
Missing or uncertain addresses, heirship, or will beneficiaries: [ISSUE / SEARCH / COUNSEL PLAN].
4. Bond and filing record
RSA 553:13 addresses security before administration and permits the judge, in the judge's discretion, to waive bond, sureties, or other security. Record the actual will provision and court decision; a will request or beneficiary assent is not an automatic waiver.
| Item | Document and outcome |
|---|---|
| Will's bond or surety direction, if any | [CLAUSE] |
| Proposed security and requested judicial waiver, if any | [COUNSEL SUBMISSION] |
| Court order on bond or other security | [ORDER / DATE] |
| e-Filing submission and receipt | [DATE / CONFIRMATION] |
| Original will delivery under current court instructions | [METHOD / DATE / RECEIPT] |
| Other court-required form or attachment | [NAME / STATUS] |
The 04/03/2024 NHJB-2145-Pe says that for an original petition the court sends copies to interested parties at the addresses supplied; it instructs the petitioner not to send those copies or complete the statement certifying petitioner service. An amended petition has different form instructions. Follow the current form and court directions for the actual filing.
5. Duties after appointment
RSA 552:15 separately requires an executor, within 60 days after appointment, to notify each specifically named legatee of the apparent interest and the surviving spouse and known heirs that the will was proved, and within 90 days after appointment to certify to the judge how and to whom notice was given. RSA 552:16 requires the court-prescribed form and permits in-person delivery or prepaid mail to the last known residence or business address.
| Recipient | Basis | Notice method and address | Date sent | Certification record |
|---|---|---|---|---|
| [NAME] | [LEGATEE / SPOUSE / HEIR] | [METHOD / ADDRESS] | [DATE] | [REFERENCE] |
| [NAME] | [LEGATEE / SPOUSE / HEIR] | [METHOD / ADDRESS] | [DATE] | [REFERENCE] |
Appointment date: [DATE] 60-day notice date: [DATE] 90-day certification date: [DATE]
Official sources
About this template
- Last updated
- September 23, 2026
- Citations checked
- September 23, 2026
- Jurisdiction
- New Hampshire
- Category
- Estate Planning & Wills
Legal authority
- RSA 552:1 (will must be proved and allowed)
- RSA 552:5-a (surviving spouse and known-heir list with petition for appointment)
- RSA 552:5-b and :6 (self-proved wills and uncontested common-form proof)
- RSA 552:7–:8 (re-examination after probate without notice)
- RSA 552:15–:16 (executor's postappointment notice and delivery)
- RSA 553:13 (estate administrator bond and judicial waiver)
- NHJB-2145-Pe (Petition for Estate Administration, e-Filing form, 04/03/2024 edition inspected)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 23, 2026.
RSA 552:1 (checked September 23, 2026): "No will shall be effectual to pass either real or personal estate unless duly proved and allowed in the court of probate; and the probate of a will devising real estate shall be conclusive as to its due execution, as in case of a will of personal estate."
RSA 552:5-a (checked September 23, 2026): "The executor named in the will or any person presenting the will for probate shall, with his petition for appointment, file a list of the names of the surviving spouse and known heirs at law of the testator, their relationships, and their addresses, if known."
RSA 552:5-b (checked September 23, 2026): "Any will meeting the requirements of RSA 551:2-a, RSA 551:5, II, or RSA 551-A:10 is self-proved and shall be allowed as such by the probate court."
RSA 552:6 (checked September 23, 2026): "If the probate of a will is not contested the judge may allow and approve it in common form, upon the testimony of one of the subscribing witnesses, though the others are living and within process of the court, or upon the assent of the surviving spouse, legatees, devisees, heirs at law and, in the case of an unnamed charitable interest, the assent of the director of charitable trusts, without the need for a witness to appear."
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