New Hampshire Small Estate Affidavit: Why It No Longer Exists

If you've been searching for a "New Hampshire small estate affidavit" to bypass probate court after a loved one's death, you're going to hit a wall — because New Hampshire repealed its small estate law in 2005. This is not a gap in your research; the procedure simply does not exist.

What replaced it — and what you should be using instead — is the Waiver of Administration under RSA 553:32. Understanding the distinction between the old law and the current procedure will save you significant time and confusion.

What the Old Small Estate Law Did

Prior to 2005, New Hampshire's RSA 553:33 contained a provision for "Small Estate Administration" that allowed a simplified process for estates below a certain value. Under the old law, a qualifying family member could file a relatively straightforward voluntary statement with the probate court to collect and distribute personal property without formal court supervision.

That statute was explicitly repealed and replaced by the current Summary Administration framework in 2005. The legislature restructured the simplified probate alternatives, and the old small estate affidavit disappeared.

Many national websites, legal directories, and even some older New Hampshire law firm pages still reference a "small estate affidavit" or "voluntary administration" process as though it is currently available. It is not. Official judicial forms and court procedures now direct small estates exclusively toward the Waiver of Administration or Summary Administration pathways.

The Current Situation: Pending Legislation

There is ongoing legislative activity in New Hampshire that would resurrect a dedicated small estate / voluntary administration process. Bills including HB 1408842 and SB 134 have proposed allowing a surviving spouse or close relative to file a simple verified statement to collect personal property without formal court supervision, for estates consisting solely of personal property valued at $25,000 or less.

As of mid-2026, this legislation had not been fully enacted into law as a stable, formal statute. Before relying on any such procedure, verify the current status with the NH Circuit Court Probate Division or check the NH General Court website for the bill's final disposition. If enacted, it would be a significant simplification for very small estates — but the procedure's availability cannot be assumed.

What to Use Instead: Waiver of Administration (RSA 553:32)

The Waiver of Administration is New Hampshire's current streamlined probate path for qualifying estates. It is not an affidavit — you still open a formal estate in the probate court — but it eliminates the most burdensome requirements: the detailed inventory, the fiduciary surety bond, and the annual accountings.

Who qualifies for a Waiver?

An estate qualifies for a Waiver of Administration from the outset if one of the following applies:

1. The administrator (executor) is the sole beneficiary of the estate. If you're the only heir and you're also acting as executor, the Waiver is typically available.
2. All beneficiaries agree to serve as co-administrators together.
3. A single administrator is appointed and all other beneficiaries provide their unanimous, signed assent to the Waiver.

The Waiver requires everyone who has an interest in the estate to agree. If any beneficiary objects, or if there is an unresolved dispute about the will or the assets, the Waiver is not available.

What the Waiver eliminates

Under a standard full administration, the executor must:

• File a detailed Inventory of Fiduciary (Form NHJB-2125-Pe) within a set time after appointment
• Obtain a fiduciary surety bond (which requires insurance underwriting and annual premiums)
• File annual accountings with the court

Under a Waiver of Administration, all of these requirements are waived. The executor simply manages the estate — pays debts, settles creditor claims, distributes assets — and then files the Waiver of Full Administration Statement (Form NHJB-2144-Pe) between six and twelve months after initial appointment. This single-page sworn document certifies that all debts, taxes, and obligations are resolved. The court closes the estate without reviewing financial records.

What the Waiver does NOT eliminate

Even with a Waiver, the estate still:

• Pays the court filing fee ($150 for estates under $10,000; $205 for $10,001–$25,000; $305 for estates over $25,000)
• Must wait through the six-month creditor claim period before assets can safely be distributed
• Must file through the NH e-Court mandatory electronic filing system
• Must resolve any outstanding Medicaid Estate Recovery claims from the DHHS before distributing assets

The Waiver simplifies administration — it does not eliminate the court, the filing fee, or the creditor period.

How to Open an Estate Under a Waiver of Administration

1. Create an NH e-Court account at the NH Circuit Court's electronic filing portal. Paper filings are not accepted.

2. File the Petition for Estate Administration (Form NHJB-2145-Pe) electronically. On this form, you indicate your intention to proceed under a Waiver of Administration. If you do not reside in New Hampshire, you must simultaneously file an Appointment of Resident Agent (Form NHJB-2120-Pe).

3. Receive your Certificate of Appointment (Letters of Administration or Letters Testamentary). Use this document to interact with banks, insurers, and other institutions.

4. Manage the estate informally — pay debts, notify creditors, transfer non-probate assets, collect funds owed to the estate. Wait through the six-month creditor demand period.

5. Between month 6 and month 12, file the Waiver of Full Administration Statement (Form NHJB-2144-Pe). This closes the estate.

Summary Administration: The Other Simplified Option

If you didn't qualify for a Waiver at the outset — perhaps because beneficiary assent wasn't gathered at the time of filing — you may be eligible for Summary Administration (RSA 553:33) after the fact.

Summary Administration can be filed no earlier than six months after initial appointment. It requires:

• No outstanding debts or unresolved claims
• All taxes paid
• Assent for Summary Administration forms (NHJB-2122-Pe) signed by all beneficially interested parties
• Receipt forms (NHJB-2139-Pe) proving specific heirs have already received their inheritances

If all conditions are met, the court closes the estate without requiring a final accounting.

Court Filing Fees for Small Estates

For context, here is what the Probate Court charges based on estate size:

For estates over $10,000, an additional $55 publication fee applies for the Notice to Creditors.

A $150 or $205 filing fee is meaningful for a small estate, but it is unavoidable under the current NH framework unless and until a voluntary administration statute is enacted and signed into law.

If All Assets Are Non-Probate

Before opening any estate at all, confirm that probate is actually necessary. If all of the decedent's assets pass outside the court — through Payable on Death (POD) designations on bank accounts, joint tenancy on real estate, named beneficiaries on life insurance and retirement accounts, or a funded living trust — there may be no probate estate to administer.

In that case, beneficiaries collect assets directly by presenting certified death certificates and the institution's claim forms. No court involvement is needed. The probate process (and its filing fees) only applies to assets held solely in the decedent's name without a non-probate transfer mechanism.

The absence of a simple "small estate affidavit" in New Hampshire creates real friction for families dealing with modest estates. But the Waiver of Administration, used correctly, achieves much the same result for most qualifying estates.

For a complete step-by-step guide to settling a New Hampshire estate under the Waiver of Administration — including the e-filing process, the creditor period, and how to close the estate — see our resource at /us/new-hampshire/estate-settlement/.

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