NH · Circuit Court — Probate Division

New Hampshire

Small-estate procedure under § RSA § 553:32.

Verified 2026-05-04

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

Eligible — included in calculation

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
https://www.courts.nh.gov/sites/g/files/ehbemt471/files/documents/2021-07/pamphlet-e-waiverofadministrationinfo.pdf

Statute

§ RSA § 553:32

https://www.gencourt.state.nh.us/rsa/html/LVI/553/553-32.htm

waiver of administration

Document checklistprintable

Certified copy of death certificate (request 4-6 from vital records)
Completed Waiver of Administration
Inventory of probate assets (see methodology for what counts)
Government-issued photo ID for affiant
Documentation of relationship to decedent (marriage / birth certificate)
Original will, if one exists (lodge with court even if not probated)
Account numbers, deed copies, vehicle titles for assets being transferred
Real property: deed copy and date-of-death valuation
Written assents from all named beneficiaries (waiver-of-administration requirement)

Editorial review

Pending editorial review by a licensed probate attorney.

State data is verified against primary sources and reviewed by a licensed probate attorney before publication. Until that review is complete, this site is reference-only — not legal advice.