Probate Law in New Hampshire

Concord Probate Attorney

Probate is the process of transferring assets, property, and personal effects to beneficiaries listed in a decedent's will. If a person dies without a will, which is known as dying intestate, the State of New Hampshire will distribute the deceased's estate according to its probate laws (unless the decedent is survived by a spouse). There are many procedures and steps that make up the probate process, and as a result, it is advised you secure legal assistance when dealing with probate.

Need a lawyer for a probate case in Merrimack County? A Concord probate lawyer at Hebert & Dolder PLLC. would be happy to help you! The firm has over 2 decades of legal experience and can be an invaluable asset to clients dealing with these complex, legal issues. Our lawyers specialize in the following areas of probate law:

Elder Law
Elder law addresses a number of critical issues that the elderly faces, some of which include Medicaid planning, estate planning, planning for long-term care, powers of attorney and much more. With the population of retiring clients increasing, we have broadened our practice areas to include elder law.

Estate Administration
Estate administration is when an executor or administrator collects, manages, and distributes a decedent's estate. An executor is chosen by the deceased in their will to administer their estate, and an administrator is chosen by the court if a will does not exist or is deemed invalid in the eyes of the probate court.

Estate Litigation
Estate litigation occurs when anyone who has a personal interest in the decedent's estate files a claim. For example, if a creditor believes the deceased owed them money prior to their death, they may file a claim in court. The executor or administrator must either approve or deny the claim. If the claim is denied, the creditor must petition the court for payment.

Estate Taxes
Executors and administrators of New Hampshire estates are responsible for paying all applicable income and estate taxes on behalf of the estate. Does New Hampshire impose a state estate tax? Read our estate tax page to get the answer to this question.

Guardianships
In regards to probate, a guardian may be elected to care for a child, manage an estate for the minor, or both. Most guardianship cases are processed in the probate court, but minor guardianships are processed in Family Division, excluding Cheshire and Hillsborough counties. Guardianships of incapacitated adults are handled by the probate court.

Partitions
Partitions may occur when a parent passes away and leaves their property to multiple children. A partition may be necessary when a number of children wish to sell the property, and the other children who inherited the property do not wish to sell. A partition must be filed, and either the Supreme Court or Probate Division of the Circuit Court decides who has property rights.

Probate Litigation
Probate litigation is also known as contesting a will. If beneficiaries believe that they were unfairly excluded from the will, or did not receive what they thought they were entitled to receive, they may contest. Contesting a will may only be done at a certain point during the probate process, so it is imperative to hire a lawyer who is familiar with probate and can litigate on your behalf.

Trust Administration
Trusts often avoid the probate process, but they must still be administered after the grantor, or person who created the trust, dies. With trust administration the successor trustee must contact beneficiaries, debts must be paid using trusts if necessary, and all assets must be collected. Taxes must also be paid, and only after all of the prior steps have been completed, can the trusts be distributed to their rightful beneficiaries.

Need assistance with probate in Merrimack/Rockingham County?

Contact Hebert & Dolder today!

If you need assistance with any of the probate areas of law listed above, please do not hesitate to contact our firm. We have over 20 years of legal experience, and have assisted clients with even the toughest, most complex probate cases. Our attorneys are passionate about what they do, and they are determined to help each client reach his/her end goal. You may contact the office to schedule an appointment, or fill out a free case evaluation form. Call today to see how our firm may be able to help you and your family!