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NH · Circuit Court — Probate Division

New Hampshire

Small-estate procedure under § RSA § 553:32.
Verified 2026-05-04Structural test

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.

01

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
02

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.

03

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.

04

Form & statute

Statute

§ RSA § 553:32
https://www.gencourt.state.nh.us/rsa/html/LVI/553/553-32.htm
waiver of administration