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Schwartzberg Law | Experience That Matters | Since 1985

Experience Matters
When Protecting What You Have Worked Hard To Build

Experience Matters

Probate Administration Attorneys In New Hampshire

In New Hampshire, assets owned solely in a person’s name must pass through probate. This is the court-supervised process of settling a person’s estate after they pass. It can be overwhelming and complicated during a time of grief, but with the right guidance, most families can move through it without unnecessary conflict or delay.

At Schwartzberg Law, our attorneys have been helping Plymouth and northern New Hampshire residents through that process for decades. With over 50 years of combined experience, our attorneys know where probate matters tend to go wrong. They address those risks head-on, with the kind of careful, disciplined analysis that keeps our clients informed and protected at every stage.

When Is Probate Necessary?

If your loved one passed away with assets titled solely in their name, then yes, probate is necessary. These assets can include real estate, bank accounts and personal property that were not set up to transfer automatically at death.

However, some assets do not have to go through this process. Assets held in joint tenancy, accounts with named beneficiaries and property held in a properly structured trust generally pass to heirs without any court involvement. Our probate administration lawyers can review the estate and walk you through what steps you can take from there.

The New Hampshire Probate Process

The process begins with filing a Petition for Estate Administration with the Circuit Court Probate Division. After the court reviews the petition, it will formally appoint the executor or administrator.

From there, the executor or administrator must file a complete inventory of estate assets within 90 days. The estate will remain open for at least six months to allow creditors to come forward. Once they settle outstanding debts and taxes, the executor or administrator can distribute the remaining assets to the heirs and formally close the estate.

In situations where all beneficiaries are in agreement and there are no outstanding debts, an estate may qualify for a Waiver of Full Administration. This allows the executor to settle an estate with minimal oversight. This means there is no need for formal inventory, bond or accounting. Our probate attorneys can assess your case early on and determine whether this option is available.

Executors And Administrators: Understanding The Roles

A will usually names an individual, known as the executor, to carry out the decedent’s wishes. However, if there is no will, or if the executor cannot fulfill their role, the New Hampshire probate court will name an administrator to fill that role instead.

Either way, the responsibilities for both roles are similar. The executor or administrator must:

  • Collect estate assets
  • Pay outstanding debts
  • File tax returns
  • Notify creditors and heirs
  • Distribute property to the rightful beneficiaries

These are legal obligations, and mistakes can result in personal liability. If you are serving as an executor or administrator for your loved one’s will, our attorneys can assist you in every step of the process and step in when questions or issues arise.

When Probate Administration Becomes Contested

Probate does not always go smoothly. In some cases, a family member may dispute the will’s validity or whether the deceased was of sound mind when they signed it. In others, disagreements between beneficiaries may come up, especially in the interpretation of the will or the distribution of assets. There may also be unexpected or disputed claims against the estate from creditors. This can delay the process and reduce what heirs may receive.

This is where working with skilled negotiators and litigators makes a real difference. Attorneys Ora Schwartzberg and Christopher M. West bring a deliberate, analytical approach to contested probate matters throughout New Hampshire. Rather than simply responding to problems as they surface, they work to identify potential conflicts early and address them before they escalate.

Their background in both estate planning and family law gives them a thorough understanding of how estates are structured and the disputes that can complicate them. When the stakes are high, that experience matters.

Three Reasons To Avoid Probate

It is all public record

Almost everything that goes through the courts, including probate, becomes a matter of public record. This means that in order to properly wind up your affairs (i.e., pay your bills, file any remaining tax returns and distribute your money and property to your chosen recipients), documents – including associated family and financial information – could become accessible through the Probate Court to anyone who wants to see them. The value of your accounts and property, creditor claims, the identities of your beneficiaries, contact information for your loved ones and even any family disagreements that affect the distribution of your money and property may be publicly available.

It can be expensive

The court costs, attorney’s fees, executor commissions and other related expenses associated with the probate process are likely to create expenses for your loved ones that can easily escalate into thousands of dollars, even for small or simple matters (like the transfer of one piece of property). The total value of the estate may be significantly diminished by the probate process.

Although setting up an estate plan that avoids probate does have its own costs, the costs that you incur now to put a plan in place, are more easily controlled than uncertain costs controlled by the Probate Court after you pass away.

It can take a long time

Probate cases, even seemingly simple ones, take at least six months or even years, during which time your beneficiaries may not have access to the money and property you intended to leave them. A simpler process, such as the administration of a Revocable Living Trust, makes it possible for your loved ones to receive their inheritances shortly after you die.

Talk To An Experienced Probate Attorney Today

When you need guidance you can trust, Schwartzberg Law is right here in your community. Whether you are stepping into the role of executor for the first time or facing an unexpected dispute, our lawyers are ready to help. Call us today at 603-346-4557 or send us an email to schedule a consultation.