• 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      • Is Your Estate Plan Outdated?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 » Resources » Frequently asked questions » Probate FAQs

Probate FAQs

      • Why should I make probate avoidance a goal in my own estate plan?

      • Probate can be a lengthy, and costly, process. In New Hampshire, it takes at least six months to probate an estate because creditors have that long to file claims. Assets cannot be released to beneficiaries until the probate process has reached a conclusion. In addition, everyone involved in the probate of an estate is entitled to a fee for their services, including the Executor, attorney, accountants, and appraisers. As a general rule, the longer it takes to probate the estate, the more it costs to do so. The more it costs to probate the estate, the less assets that are left to pass down to loved ones, ultimately making probate avoidance an attractive goal.

      • What happens if someone contests the Will?

      • In most states, any “interested” person (usually beneficiaries, heirs, or even creditors) may contest the validity of the Will submitted for probate. If a Will contest is filed, the contest must be litigated before probate can resume because the outcome determines whether a Will or the state intestate succession laws will govern the distribution of the estate assets.

      • What are some common steps during probate?

      • Every estate is unique, making the probate process unique for every estate as well. Nevertheless, there are some fairly common steps in the probate process, such as:

        • Identifying, securing, and valuing estate assets
        • Opening probate by submitting the original Last Will and Testament (if applicable) and a petition to open probate in the county where the decedent was a resident at the time of death.
        • Identifying and locating heirs if the decedent died intestate.
        • Notifying creditors that probate is underway.
        • Reviewing creditor claims and approving or denying each claim.
        • Litigating any claims
        • Calculating and paying any state and/or federal tax due.
        • Transferring the remaining assets to the intended beneficiaries/heirs of the estate.
      • Who decides how estate assets distributed?

      • If the decedent left behind a Last Will and Testament, the estate is referred to as a “testate” estate. In a testate estate, the terms of the Will, along with any other related estate planning documents, determine how the estate assets are distributed. If the decedent failed to execute a Will prior to his/her death, the estate is referred to as an “intestate” estate. In an intestate estate administration, the New Hampshire intestate succession laws (or the laws of the decedent’s state of residency at the time of death) determine what happens to the decedent’s assets. Typically, only a spouse and/or close relatives will inherit from an intestate estate.

      • Are all assets part of the probate process?

      • Some assets bypass probate altogether. This is a huge advantage for several reasons which is why probate avoidance is a common estate planning goal. Examples of non-probate assets that can be distributed to the beneficiary immediately include:

        • Assets held in a trust
        • Certain types of jointly held property
        • Life insurance proceeds
        • Funds held in an account designated as “payable on death(POD)” or “transfer on death (TOD)”
        • Certain funds held in retirement or pension accounts
      • Who is in charge of probating an estate?

      • If the decedent executed a Will prior to death, the person named as the Executor in the Will is the person who will oversee the probate of the estate. If the decedent died intestate, any competent adult may volunteer to act as the Administrator of the estate and oversee its administration. In the event no one volunteers, the court must appoint someone.

      • Are all estates required to go through probate?

      • Most estates are required to go through some type of probate. Modest estates with uncomplicated assets may qualify to use an alternative to formal probate which is offered in most states, including New Hampshire. Estates that do not qualify for a small estate alternative must go through the formal probate process.

      • What is probate and why is it required?

      • When a person dies, he or she leaves behind an estate that is made up of all assets owned by the decedent at the time of death. Ownership of those assets must eventually be transferred to the beneficiaries and/or heirs of the estate. To ensure that happens in a timely manner, most estates are required to go through the legal process known as probate. Probate also serves to:

        • Identify, locate, and value all estate assets
        • Notify creditors and allow them the opportunity to file claims
        • Make sure all taxes are paid
        • Authenticate the decedent’s Will and litigate any challenges to that Will

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

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.