Small estate affidavit · New Hampshire

Small estate affidavit in New Hampshire

When the estate is small enough, New Hampshire lets heirs collect assets with a sworn affidavit instead of opening probate.

In New Hampshire, an estate with sole-name assets under $10,000 can usually be settled with the Affidavit for Collection of Personal Property under § 553:32. Wait 30 days after death. Present the notarized affidavit and a certified death certificate at each bank.

Quick facts

Small estate facts for New Hampshire
Threshold$10,000
Statute§ 553:32
FormAffidavit for Collection of Personal Property
Wait period30 days

Verify with the Probate Court before filing. Numbers move year to year.

Step by step

  1. Confirm the estate qualifies

    Add the date-of-death value of all sole-name assets. New Hampshire allows the affidavit when the total falls under $10,000, under § 553:32.

  2. Wait 30 days

    New Hampshire requires waiting 30 days after death before using the affidavit, allowing creditors time to come forward.

  3. Complete the Affidavit for Collection of Personal Property

    Use the form published by Probate Court or the state revenue department. List every asset, every heir, and your relationship to the deceased.

  4. Sign before a notary

    The affidavit must be sworn in front of a notary public. Many banks notarize without charge for account holders.

  5. Present at each institution

    Bring the original notarized affidavit and a certified death certificate to each bank, brokerage, or DMV. They release the asset directly to the named heir.

Common questions

What is the small estate threshold in New Hampshire?

New Hampshire sets the threshold at $10,000 under § 553:32. Estates below that line can usually use the affidavit instead of full probate.

What form does New Hampshire use?

New Hampshire uses the Affidavit for Collection of Personal Property. Download it from the Probate Court or the state court website.

Does it transfer real estate?

Usually not. The small estate affidavit covers personal property and accounts. Real property in most states needs a separate affidavit, a TOD deed, or full probate.

Do I still need a death certificate?

Yes. Every institution that releases an asset under the affidavit will ask for a certified death certificate alongside the notarized form.

What if I find more assets later?

If new assets push the total above $10,000, you may need to open full probate at the Probate Court. Track every asset you find.