Legal Question in Wills and Trusts in New Hampshire

Re: probate

Technically, the person holding the will of a deceased person is supposed to present it for alowance within 30 days after the date of death. Generally this has been more of a "guideline", as there is no penalty for not filing within that time. However, if no one has presented a will after that time, an "interested party" may petition the probate court to be named as administrator, to administer the estate as though there were no will. The administrator would then be permitted to distribute the assets of the estate in accordance with the statute specifying how the estate will be distributed. Notice of this petition must be presented to all heirs and other interested parties, in order to give the person who has the will the opportunity to present the will for allowance, or to give them notice that the estate will be administered, and by whom.

Our office specialilzes in probate matters such as this. I would be happy to help you in any way.

Re: probate

Denise is exactly correct.

I notice that you are writing from NH/MA. Whether MA probate laws or NH probate laws apply depend on where the decedent lived when s/he passed away.

If I can be of any assistance, please do not hesitate to contact my office.

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Re: probate

The state statute in New Hampshire directs the executor or person in possession of a will of a deceased person to present the document to the Probate Court within 30 days of the death. However, this statute is not always followed. There are many times where the need to probate an estate is not known for several months, sometimes for years. I have probated wills more than ten years after the death. I would need more details in order to more fully address your question. I would suggest that hiring an attorney to review the details of your matter would be advisable.