Legal Question in Wills and Trusts in New Hampshire

NH Probate

We are hoping you can elaborate on the following:

''The Affidavit of Heirship is generally used when someone died without a Will and left only real estate. Instead of going through the probate process to have title to the property transferred to the Decedent�s heirs, the heirs can, instead, file the Affidavit of Heirship in the deed records of the county in which any piece of real estate owned by the Decedent lies.''

It has been 2 years since our parents have passed. We know under NH title law after 2 years without a will we don't need to open probate to transfer title. Can we file this affidavit on our own and where can we find one? Thank you.


Asked on 9/03/08, 8:12 pm

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: NH Probate

I am not familiar with the type of affidavit you reference and would be interested in the source of the quotation. I believe that you will likely need to use the Probate process to clear the title to the real estate. There may be some limited exceptions, but I'd need far more detail to elaborate.

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Answered on 9/04/08, 8:48 am


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