What a Surviving Spouse in New Hampshire Needs to Know When a Spouse Dies Without a Will

Disclaimer

This article explains general New Hampshire law and common steps a surviving spouse can take after a partner dies without a will. It is educational only and not legal advice. For advice about your specific situation, contact a licensed New Hampshire attorney or your local probate court.

Detailed Answer — Your core rights and options under New Hampshire law

When a spouse dies intestate (without a valid will) in New Hampshire, state probate rules determine who inherits and who can make legal decisions about the decedent’s property. If family members are excluding you from decisions, you have legal paths to protect your rights. Below are the key concepts and typical steps under New Hampshire law.

1. Probate vs. non-probate property

Not all property goes through probate. Typical non-probate assets include items that pass by operation of law or contract, such as:

Joint tenancy assets (with rights of survivorship)
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts)
Trust assets controlled by a living trust

If an account or title names you as joint owner or beneficiary, the family usually cannot legally cut you out of access to that asset. For probate assets, the probate court controls administration and distribution.

2. Intestate succession and who inherits

If the decedent died with no will, New Hampshire’s intestacy rules govern who inherits the decedent’s probate estate. Generally, those rules prioritize the surviving spouse, children, parents, siblings and more distant relatives in a fixed order. The surviving spouse often has a primary claim to the estate, but the exact share depends on which other family members survive the decedent.

Because intestacy formulas are technical and depend on your family structure (for example, whether the decedent had surviving children and whether those children are also your children), it’s important to consult the probate court or an attorney to determine the spouse’s statutory share in a particular case. You can review New Hampshire statutes and probate resources at the New Hampshire General Court and Judicial Branch:

3. Petition to be appointed administrator or personal representative

If family members are making decisions without you, you can ask the probate court to appoint a personal representative (sometimes called an administrator) to manage the decedent’s estate. As surviving spouse, you are usually a preferred candidate to serve. The administrator has authority to collect assets, pay debts and distribute the estate under court supervision.

4. Emergency and interim court orders

If someone is hiding assets, closing accounts, or otherwise interfering, the probate court can issue emergency relief. Examples include temporary restraining orders, orders freezing assets, or orders granting a surviving spouse access to funds for reasonable expenses. Acting quickly matters; banks and third parties may require a court order or letters of administration to release funds.

5. Protective allowances and exemptions

New Hampshire law provides mechanisms to protect a surviving spouse’s immediate needs, such as homestead or family allowances and exemptions from certain creditor claims. These protections are meant to secure a basic standard of living while the estate is settled. The probate court can explain the particular allowances available and how to claim them.

6. Contesting improper actions by family members

If relatives are acting unlawfully — for example, forging documents, converting assets, or blocking your access to property you are entitled to — you can file motions in probate court to challenge those actions. The court can remove an improperly acting personal representative and impose sanctions if it finds misconduct.

7. Practical rights you can exercise now

Ask the probate court for Letters of Administration to obtain legal authority over the estate.
Request the court to order an inventory of the decedent’s assets.
Seek temporary access to funds for necessary living expenses (utilities, medical bills, funeral costs).
Demand an accounting from whoever currently controls or administers the estate.
File objections or petitions to remove a personal representative if they act in bad faith.

8. When to get an attorney

If family members are excluding you or the situation is complex (disputed heirs, significant assets, allegations of wrongdoing), consult a New Hampshire probate attorney promptly. An attorney can help you file the correct petitions, request emergency relief, and represent you in hearings. Many probate attorneys offer initial consultations.

Helpful Hints — Steps to protect your rights quickly

Identify probate vs. non-probate assets. Gather bank statements, titles, insurance policies, retirement account statements, and the decedent’s Social Security number.
Contact the local probate court. Ask about the process to open an estate and apply for Letters of Administration. Use the New Hampshire Judicial Branch Probate page for court locations: https://www.courts.state.nh.us/probate/.
File for appointment as administrator if you wish to control estate administration. If someone else is already appointed and you suspect misconduct, file objections promptly.
Request a temporary order or injunction if assets are at risk or family members are preventing access to property needed for living expenses or funeral costs.
Keep records. Save communications, bank notices, transfer documents and any evidence of interference.
Consider mediation for family disputes. Courts sometimes encourage settlement to avoid lengthy litigation.
Get legal help. If your situation involves contested claims, theft or fraud, hire a New Hampshire probate attorney experienced with intestacy matters.

Questions to ask a probate attorney

Am I entitled to be appointed personal representative?
What share of the estate should I expect under New Hampshire intestacy rules?
Can the court order immediate access to funds for my reasonable expenses?
What evidence do I need to challenge another person’s control of assets?
What deadlines and notices should I expect during probate?

Resources

New Hampshire Revised Statutes Annotated (RSA) — searchable index
New Hampshire Judicial Branch — Probate Court information
Local county probate court offices (contact details available on the New Hampshire Judicial Branch website)