NH · Circuit Court — Probate Division
New Hampshire
Eligibility
Structural
No dollar threshold. Eligibility is structural — depends on the will and heir structure.
Waiver of administration available when (i) decedent dies testate with sole-beneficiary administrator, (ii) all named beneficiaries are co-administrators or assent to a single administrator, or (iii) a trust is sole beneficiary and trustee(s) assent.
Who is eligible to file
New Hampshire's waiver of administration is structural — eligibility depends on the will and heir structure, not estate size:
- Decedent died testate with a sole-beneficiary administrator, or
- All named beneficiaries are co-administrators or assent to a single administrator, or
- A trust is the sole beneficiary and the trustee(s) assent
What counts toward the threshold
There is no dollar threshold in this state. The following assets nevertheless do not enter the probate estate at all and pass outside of any small-estate procedure:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
Real property
Waiver covers entire estate (including real property) when structural conditions are met. Not a size-based test.
Where to file
File with the Circuit Court — Probate Division in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The New Hampshire judicial system operates an authoritative court locator.
Find your county’s Circuit Court — Probate Division via the New Hampshire judicial council website. Search for “New Hampshire Circuit Court — Probate Division county locator” or visit the state government court directory.
Form & statute
Form
- Waiver of Administration
Statute