Probate Law

Probate in New Hampshire

Probate may occur with or without a will. If there is a will, then the wishes of the deceased will dictate who receives the assets from the estate; however, there are certain laws that impose limits on this. For instance, if property is jointly owned under certain legal ownership structures, typically the property will automatically pass to the other owner. To give an example, if a husband and a wife own property as joint tenants with rights of survivorship and the husband dies, the property will normally pass automatically to the wife despite what may have been written in the will.

Wills also have certain requirements to meet to be legally enforceable. While this doesn't necessarily mean they must be formally written by a lawyer, they do need to fulfill New Hampshire's requirements for the bequeathing of assets in order to be considered valid. At a minimum, this typically means they had to be witnessed by two adults and acknowledged by a Notary Public Justice of the Peace. The will also had to be written when the deceased was of sound mind. If the will was not properly written or if it was not valid or executed when the deceased was sane, then the will is subject to challenge.

When a person dies without a will on file, their estate still may be distributed as part of the probate process. In these situations, New Hampshire's inheritance laws apply to determine who is entitled to the probate assets of the deceased. Your Portsmouth probate lawyer will explain to you what inheritance laws are and how the assets of the deceased will be divided based on those laws.

You need reliable representation

Serving clients in Dover, Portsmouth and throughout New Hampshire, our law firm is one of the oldest and most experienced in the area. The probate litigation attorneys at Burns, Bryant, Cox, Rockefeller & Durkin, P.A. are people you can trust to help you through this difficult time. To learn more about the types of legal services we can provide in probate matters, contact our firm. We represent individuals involved in all types of estate law and probate matters throughout New Hampshire.