David William Jordan

Attorney & Counselor at Law

Probate Estates

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Probate is simply the legal process through which a court makes sure that, when you die, your debts are paid and your assets are distributed according to your will, or distributed according to the law if you did not have a will. New Hampshire's probate system is detailed. All the legal documents, forms and steps can overwhelm an executor, particularly during mourning. We are always available to help executors handle the probate process and related legal proceedings.

The Major Duties of an Executor are:

  1. Identify, collect and protect the deceased's assets.

  2. Notify creditors and pay all uncontested creditors and contest claims that appear wrong.

  3. Inform the Social Security Administration, insurance companies, credit card companies and others about the death. You will need many official death certificates.

  4. File all required papers with the probate court, including inventory and appraisal forms, formal accounting, and other legal documents. You will need to tell the court about every penny of the deceased's assets you collect and distribute. Obtain court order for distributing the deceased's assets according to their will, or according to the law if they did not have a will.

  5. File the decedent's final tax returns with the State of New Hampshire, if necessary, and with the Internal Revenue Service, and pay any taxes owed.

  6. Determine who inherits the property. If this is not clear in the will, investigate further and file legal proceedings for the court's approval.

  7. Supervise final distribution of assets to the heirs, obtain receipts for that distribution which need to be filed with the court, attend a court hearing, and obtain a court order discharging the executor from further responsibility.

Would you like to know more?  Be sure to read our other articles.

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