Content Overview
The New Hampshire Small Estate Affidavit form serves as a vital tool for individuals navigating the complexities of settling small estates. When a loved one passes away, their assets often need to be transferred to heirs or beneficiaries. In New Hampshire, this form simplifies the process for estates valued at $25,000 or less, excluding real estate. By using the Small Estate Affidavit, heirs can avoid the lengthy and costly probate process, allowing for a more efficient transfer of assets. The form requires the affiant, typically an heir, to affirm their relationship to the deceased and provide necessary information about the estate. It also mandates that all debts and taxes be settled before assets can be distributed. This form not only streamlines the legal process but also provides clarity and structure during a challenging time. Understanding how to properly complete and file the Small Estate Affidavit can significantly ease the burden on families dealing with loss, ensuring that they can access what is rightfully theirs with minimal delay.
New Hampshire Small Estate Affidavit Sample
New Hampshire Small Estate Affidavit Template
This document is prepared in accordance with the New Hampshire Revised Statutes Annotated (RSA) 553:32, which provides a streamlined process for the distribution of small estates. It allows for the direct transfer of assets without formal probate administration under specific conditions.
Instructions: Complete all sections with accurate information. If a section is not applicable, write “N/A”.
Section 1: Deceased Information
Full Name of Deceased: ________________________________________________________
Date of Death (MM/DD/YYYY): ___________________________________________________
Last Known Address: __________________________________________________________
County of Domicile at Time of Death: ____________________________________________
Section 2: Affiant Information
Full Name of Affiant: __________________________________________________________
Relationship to Deceased: ______________________________________________________
Address: _____________________________________________________________________
Phone Number: ________________________________________________________________
Email Address: ________________________________________________________________
Section 3: Qualifications
To qualify for the use of this affidavit, confirm the following statements are true:
- The value of the entire estate, wherever situated, less liens and encumbrances, does not exceed $10,000.
- Thirty days have elapsed since the death of the decedent.
- No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.
Section 4: Description of Assets
List all assets subject to this affidavit including personal property, bank accounts, and vehicles. Provide descriptions and values.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Section 5: Debts and Liabilities
List all known debts and liabilities of the deceased at the time of death:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Section 6: Distribution of Assets
Provide the names of the rightful heirs and describe the distribution of assets:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Section 7: Acknowledgment
I, (name of affiant) __________________________, affirm under the penalty of perjury that the statements contained herein are true and accurate to the best of my knowledge. I agree to indemnify and hold harmless any transferee or third party who relies upon this affidavit.
Date: __________________
Signature of Affiant: _________________________________________________________
State of New Hampshire
County of ____________________
Subscribed and sworn to (or affirmed) before me this __ day of ____________, 20__, by (name of affiant) ________________________________________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.
Notary Public: _______________________________________________________________
My Commission Expires: ________________________________________________________
PDF Specs
| Fact Name | Description |
|---|---|
| Purpose | The New Hampshire Small Estate Affidavit allows individuals to claim assets of a deceased person without going through formal probate, simplifying the process for small estates. |
| Eligibility | To use this form, the total value of the deceased's assets must not exceed $25,000, excluding real estate. |
| Governing Law | This affidavit is governed by New Hampshire Revised Statutes Annotated (RSA) 561-A. |
| Required Information | The form requires details about the deceased, including their name, date of death, and a list of assets. |
| Filing Process | After completing the affidavit, it must be signed in front of a notary public and submitted to the appropriate financial institutions or agencies to access the deceased's assets. |
| Beneficiaries | The affidavit can be used by heirs or beneficiaries who are entitled to the deceased's assets, ensuring they receive their rightful inheritance. |
| Limitations | This process is not suitable for estates that include disputes or complex assets, such as certain types of property or significant debts. |
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