New Hampshire Small Estate Affidavit | Affidavit of Heirship

If a loved one lives in New Hampshire, or owns property there, and passes away without a will, the successors may avoid probate court on small estates by filing either an affidavit of heirship (personal property) or a small estate affidavit (real estate). These documents allow blood relatives, surviving spouses, or other potential successors to claim real property like bank accounts or vehicles, or real estate such as homes or land, if the value is below a certain dollar amount. Many grieving families choose to file these affidavits if possible to avoid the time and expense of hiring an attorney to go through probate court.

Affidavit of Heirship: In New Hampshire, the affidavit of heirship allows successors to claim a decedent’s real property, which includes bank accounts, debts like final paychecks, and vehicles.

Small Estate Affidavit: The small estate affidavit allows successors to claim a decedent’s real estate, which includes homes and land, as long as the value in New Hampshire does not exceed $20,000.



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If a New Hampshire resident passes away without a last will and testament, then the family or other successors may file an affidavit of heirship to claim “real property” owned by the decedent. This property includes bank accounts, stocks and bonds, and debts owed to the decedent such as final…

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In New Hampshire, joint tenancy laws allow any property owned jointly to pass directly to the other owner in the event of one owner’s death. However, if there is not another real estate owner, and the decedent passed away without a last will and testament, successors such as spouses, relatives,…