• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Probate » What Should I Do with the Will When I Find It?

What Should I Do with the Will When I Find It?

January 10, 2019Probate

what to do with the Will

The time period following the loss of a loved one can be very stressful and confusing. Trying to figure out the practical steps that need to be taken in the midst of the grief you are experiencing can be overwhelming.  If you were entrusted with an original, signed copy of the decedent’s Last Will and Testament you undoubtedly realize you are supposed to do something with the Will, but you may not know exactly what that is.  The New Hampshire probate attorneys at DeBruyckere Law Offices explain what to do with the Will following the death of the Testator.

Are You the Executor?

One of the first steps that should be taken anytime there is a death is to determine who the Executor of the estate is, if the decedent appointed one. If a Will was located, the Executor will be named in that Will. If you are the named Executor, it means you have numerous duties and responsibilities ahead of you that are associated with that job. If you are not the person named as the Executor in the Will, you need to contact the Executor and arrange to hand over the Will you uncovered.

Requesting a Certified Death Certificate

You will need to submit the decedent’s Will to the appropriate court to initiate the probate of the estate; however, when you do that you must submit a certified copy of the decedent’s death certificate at the same time. Therefore, the next step you need to take is to obtain that death certificate. In New Hampshire, you may request a certified death certificate by mail or in person by filling out an application which can be accessed on the New Hampshire Department of State, Division of Vital Records Administration website.

Submitting the Will for Probate

Once you have the certified death certificate you are ready to submit the Will for probate. You may need to prepare a petition to open probate to go along with the Will and the death certificate. By law, you only have 30 days from the date of death to submit the Will for probate. Probate will occur in the Probate Court in the county wherein the decedent was a resident at the time of his/her death.

Do I Need an Attorney?

Although there is no legal requirement that an Executor be represented by an attorney in New Hampshire during the probate process, most Executors do retain an attorney for several reasons. Probating even a relatively modest and uncomplicated estate can be time-consuming and stressful for an Executor trying to do it pro se (without legal representation). Probating an estate can also involve a number of legal and financial issues with which the average person is unfamiliar. Retaining an experienced probate attorney not only eliminates the chance that you will make a costly mistake, but it allows you the time to focus on grieving the loss of your loved one.

What Happens after the Will Is Submitted to Probate?

Shortly after the Will is submitted to the appropriate court, beneficiaries, heirs of the estate, and creditors must be notified that the probate process is underway. One of the jobs of the court is to authenticate the Will submitted for probate. Any “interested person” can file a Will contest though. Alleging that the Will is invalid for several allowable legal grounds. If that happens, the claim must be litigated. If no one contests the validity of the Will, probate will proceed, at the end of which any remaining assets will be distributed to the named beneficiaries and/or heirs of the estate according to the terms of the Will. If the Will is contested, and ultimately declared invalid, the court must look for another valid Will. If none exists, the New Hampshire intestate succession rules will dictate how the estate is distributed. If the Will is found to be valid, probate proceeds using the terms of that Will to distribute the estate assets as if the Will contest never occurred.

Contact Londonderry Probate Attorneys

For more information, please download our FREE estate planning worksheet. If you have additional questions about how to handle a Will following the death of the Testator, contact the Londonderry probate attorneys at DeBruyckere Law Offices by calling (603) 894-4141 or (978) 969-0331 to schedule an appointment.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

Woburn probate attorneys
How Can I Avoid Probate Disputes?
calculator
What Are the Costs Involved in Probate?
Beverly probate attorney
If an Estate Owes Federal Gift and Estate Taxes, How Do I Pay Them?
6879042 S 150x150
5 Signs Pointing to a Will Contest
Nashua probate attorneys
Mistakes You Can Avoid Making during Probate
Dollarphotoclub 98401544 150x150
Do All Assets Go through Probate?

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.