$0 New Hampshire — Survivor Benefits Checklist

Alternatives to Calling Each NH Agency Separately After a Death

After a death in New Hampshire, the surviving family faces a specific structural problem: every benefit they're owed is administered by a different agency, and none of those agencies tell you about the others. Social Security handles the federal death benefit. The New Hampshire Retirement System handles pensions. The NH Insurance Department governs health insurance continuation. Municipal assessors handle property tax credits. The Circuit Court Probate Division handles estate administration. The Department of Labor handles workers' compensation. The DHHS Estate Recovery Unit handles Medicaid recovery. The Department of Justice handles crime victim compensation.

That's at least eight separate agencies, eight separate phone numbers, eight separate sets of forms, and eight separate deadlines. The average hold time per agency call runs 20 to 40 minutes. And no single agency will volunteer information about what the other seven provide.

Here are the alternatives to navigating every agency independently --- with honest assessments of what each approach covers and what it misses.

Option 1: Hire an Elder Law or Probate Attorney

Cost: $250-$350 per hour (NH average)

What it covers: Everything. A competent New Hampshire elder law attorney knows the full landscape of survivor benefits, can handle probate filings, negotiate with the Medicaid Estate Recovery Unit, and ensure health insurance continuation rights are enforced.

What it misses: Nothing, in theory. In practice, attorneys prioritize the legal components of estate settlement (probate, trust administration, Medicaid defense) over routine administrative claims. You may still need to handle Social Security, property tax credit applications, and workers' compensation filings yourself unless you explicitly retain the attorney for comprehensive case management.

Best for: Families with complex estates --- contested wills, active Medicaid liens, trust-piercing by the ERU, multi-state property, or insolvent estates where creditor claims exceed assets. Also essential when a line-of-duty determination or workers' compensation claim is disputed.

The tradeoff: Cost. A straightforward survivor benefits engagement runs several hours at minimum. For administrative tasks like filing Form PA-29 for a property tax credit or calling NHRS for pension forms, attorney rates are disproportionate to the complexity of the work.

Option 2: Use a Funeral Home's Checklist

Cost: Free (usually provided at the arrangement conference)

What it covers: Death certificates, immediate notifications (employer, Social Security, insurance companies), and basic funeral logistics. Some funeral homes like Phaneuf and the Cremation Society of NH provide printed checklists that cover the first week.

What it misses: Almost everything beyond week one. Funeral home checklists don't cover NHRS pension survivorship options, health insurance continuation under RSA 415:18, the age-55 protection, property tax credits and their April 15 deadline, Form PA-33 for trust-held properties, crime victim compensation, workers' compensation death benefits, Medicaid Estate Recovery protections, probate e-filing, or the fact that New Hampshire abolished the Small Estate Affidavit in 2006.

Best for: The immediate aftermath when you need a simple list of phone calls to make in the first 48 hours.

The tradeoff: Scope. Funeral homes are experts at funeral logistics, not survivor benefit claims. Their checklists are a starting point, not a complete roadmap.

Option 3: Use National Estate Planning Software

Cost: $199+ (e.g., EstateExec)

What it covers: Estate accounting, asset tracking, creditor notification, and executor task management. Good interfaces for tracking financial accounts, debts, and distributions.

What it misses: State-specific survivor benefits. National software is built for the probate and estate accounting process, not for claiming NHRS pensions, enforcing RSA 415:18 health insurance rights, filing for NH property tax credits, or navigating the DHHS Estate Recovery Unit. New Hampshire's unique provisions --- the abolished Small Estate Affidavit, the mandatory e-filing system, the Trust Tax Credit Trap --- are outside the scope of national software.

Best for: Executors managing complex estates with many financial accounts, multiple creditors, and beneficiary distributions to track.

The tradeoff: You're paying $199 for probate accounting when the survivor benefits side --- often worth more money annually than the estate accounting saves --- isn't covered at all.

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Option 4: Use Free Government Websites

Cost: Free

What it covers: Each agency's own programs, forms, and filing instructions. Courts.nh.gov provides the e-filing portal and blank probate forms. Revenue.nh.gov has property tax credit forms. SSA.gov covers Social Security. NHRS.org covers pension benefits.

What it misses: The connections between agencies. The sequence. The deadlines that span agencies. The cross-references that tell you filing one form triggers a deadline at another agency. Government websites are authoritative for their own programs but structurally incapable of providing cross-agency synthesis.

Specific dangers:

  • SSA.gov won't mention NHRS pensions, property tax credits, or crime victim compensation
  • Courts.nh.gov won't tell you which probate pathway (Waiver of Administration vs. Summary Administration) your estate qualifies for
  • National legal sites (LegalZoom, Nolo) routinely advise filing a "Small Estate Affidavit" --- a procedure New Hampshire abolished in 2006
  • No government site aggregates all deadlines into one timeline

Best for: People who already know every benefit they're entitled to and just need the specific forms.

The tradeoff: Research time. Expect 40+ hours across multiple websites, each written in agency-specific jargon, with no way to know what you haven't found yet.

Option 5: Use 603 Legal Aid

Cost: Free (income-restricted)

What it covers: Civil legal assistance for low-income New Hampshire residents --- housing, public benefits, Medicaid issues, and basic estate questions. 603 Legal Aid and NH Legal Assistance can help with specific legal issues if you qualify.

What it misses: Services are income-capped, so many surviving families don't qualify. Assistance is typically provided through intake interviews and referrals, not comprehensive sequential guides. Wait times can be significant. The scope is limited to the specific legal question you bring, not a full benefit audit.

Best for: Low-income families facing a specific legal barrier (Medicaid recovery dispute, housing threat, creditor issue) who need legal representation they can't afford.

The tradeoff: Access. If you qualify, it's excellent for specific legal problems. But it's not designed as a comprehensive survivor benefit mapping tool.

Option 6: Use a State-Specific Survivor Benefits Guide

Cost: (one-time)

What it covers: The New Hampshire Survivor Benefits Navigator maps every federal, state, and municipal benefit available to surviving families in New Hampshire in one sequential reference. Thirteen chapters covering death certificates, health insurance continuation (including the RSA 415:18 age-55 protection), workers' compensation, NHRS pension survivorship, property tax credits, probate (Waiver of Administration pathway), Medicaid Estate Recovery, crime victim compensation, burial assistance, tax implications, educational benefits for children, and a master timeline consolidating every deadline.

What it misses: Contested legal matters. The guide doesn't replace a lawyer for Medicaid Estate Recovery negotiations, disputed wills, or adversarial proceedings. It identifies exactly when professional help is needed and provides the RSA citations relevant to each situation.

Best for: Families who want one place to find every benefit, every form, and every deadline --- without spending 40+ hours on government websites or $250+/hour on an attorney for administrative tasks.

The tradeoff: It's a guide, not a service. You still need to make the phone calls and file the forms yourself. But you know exactly which calls to make, which forms to file, and in what order.

Side-by-Side Comparison

Factor Attorney Funeral Checklist National Software Free Gov. Sites Legal Aid NH Survivor Guide
Cost $250-350/hr Free $199+ Free Free (if eligible)
Covers all NH benefits Yes (if retained for it) No (week 1 only) No (probate only) Each agency's own Specific issue only Yes
Cross-agency sequencing Yes No No No No Yes
Deadline consolidation Yes No Partial No No Yes
NH-specific forms & RSAs Yes No No Yes (per agency) Specific issue only Yes
Handles disputes Yes No No No Yes (if eligible) No (identifies when needed)

The Recommended Approach

For most New Hampshire families, the cost-effective approach is layered:

Start with the Survivor Benefits Navigator to identify every benefit you're owed, understand the forms and deadlines, and establish the filing sequence across all agencies.

File the straightforward administrative benefits yourself: Social Security, property tax credits (Form PA-29 by April 15), health insurance continuation, and workers' compensation if applicable.

Escalate to an attorney only for the specific issues that require legal expertise: Medicaid Estate Recovery disputes, contested wills, complex pension interpretations, or multi-state estate administration.

This layered approach means you spend for comprehensive benefit identification and sequencing, handle 80-90% of filings yourself, and only pay attorney rates for the 10-20% that genuinely requires legal representation. The attorney gets a client who already has documentation organized and straightforward benefits filed --- which means fewer billable hours for the legal work that actually needs doing.

Frequently Asked Questions

Can I really handle probate without a lawyer in New Hampshire?

For straightforward estates, yes. New Hampshire's Waiver of Administration pathway (RSA 553:32) eliminates bonds, inventory, and accounting requirements for qualifying estates. The mandatory e-filing portal is designed for both attorneys and pro se filers. Filing fees range from $150 to $305 depending on estate size. The guide walks through the exact steps, including the requirement to mail original wills to the centralized Estates Electronic Filing Center in Concord.

What's the single most expensive mistake families make?

Missing the property tax credit deadline. Surviving spouses of veterans can receive $700 to $4,000 annually in property tax credits --- every year for the rest of their lives. Missing the April 15 deadline forfeits the entire year's credit. And if the home is in a revocable trust, you also need Form PA-33 or the credit is automatically denied. This one benefit alone can exceed the cost of the guide within the first year.

Why don't government agencies coordinate with each other?

Each agency is funded and mandated to administer its own programs. Social Security is federal. NHRS is a state retirement system. Property tax credits are municipal. Workers' compensation is administered through the Department of Labor. The Circuit Court handles probate. These agencies have different statutory authorities, different funding sources, and different reporting structures. Cross-agency coordination would require legislative mandates that don't currently exist.

What if I'm handling this from out of state?

New Hampshire's mandatory e-filing system actually helps out-of-state executors because probate filings can be submitted electronically. Property tax credit applications can be mailed. Social Security can be handled by phone. The main complications are the Appointment of Resident Agent requirement for out-of-state executors and any tasks requiring in-person interaction with municipal offices. The Navigator covers the specific requirements for non-resident executors.

Is the funeral home checklist worth using alongside the guide?

Yes. Use the funeral home checklist for the first 48 hours --- it's designed for the immediate logistics of arranging a funeral and making the first round of notifications. Then use the Navigator for the subsequent 6 to 12 months of benefit claims, probate filings, and deadline management. The funeral checklist is a week-one tool; the Navigator is a year-long reference.

How do I know if I qualify for Legal Aid assistance?

Contact 603 Legal Aid (603legalaid.org) through their centralized intake system. Eligibility is based on household income and the nature of the legal issue. If you qualify, their assistance is excellent for specific legal problems. If you don't qualify but don't want to retain a full attorney, the Navigator fills the gap between free Legal Aid and $250+/hour professional representation.

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