New Hampshire's Waiver of Administration Explained

New Hampshire’s simplified probate option works on a genuinely different logic than most states - who’s involved, not how much the estate is worth.

What qualifies an estate for waiver of administration?

Who inherits and who serves, not the estate’s value. Waiver of administration (RSA 553:32) may apply when a sole beneficiary or sole heir serves as administrator, when all beneficiaries or heirs serve together, when all beneficiaries or heirs assent to the administrator, or when the court finds waiver appropriate given the circumstances. Potentially, this is available for large estates too - since it isn’t tied to a dollar cap, an estate of significant value could still qualify if the qualifying conditions about who inherits and who serves are met and the court approves.

What does waiver of administration eliminate?

There’s no requirement for an inventory of the estate, no requirement for a bond, and no requirement for an accounting of assets - a genuinely lighter process than standard administration.

What must still be filed?

An affidavit of administration, stating there are no outstanding debts or obligations attributable to the estate and listing all real estate owned by the decedent at death, including location, book, and page references.

What happens if the administrator misses the filing deadline?

The administrator is considered in default. The clerk gives notice of the default by first class mail within 10 days, and then issues a citation notice under New Hampshire’s statutory procedures.

Can someone ask for full administration instead?

Yes. Under RSA 553:32, any interested person can petition for full administration at any time from the original appointment until the affidavit of administration is filed, and the court can grant it for good cause. The administrator can also ask the court to extend the one-year deadline for good cause. A waiver does not excuse the administrator from paying the estate’s expenses and the decedent’s debts from estate assets.

What should I do next?

Check whether the people who’d inherit are likely to agree on who serves as administrator - that’s the actual test here, not the estate’s size. If they are, waiver of administration is genuinely lighter than standard administration, but the affidavit of administration still has a real six-month-to-one-year deadline worth tracking closely.

Add this to your Final Day Plan: who you’d want as administrator, ideally someone your beneficiaries would readily agree on - in New Hampshire, that agreement is what unlocks the simpler process.

New Hampshire law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult a New Hampshire-licensed attorney for guidance specific to your situation.