What are the time limits for filing a will for probate?
In New Hampshire, wills must be filed for probate within three months of the date of death of the testator, or the individual who has written the will. This document must be filed with the probate court in the county where the testator resided at the time of their death. If the estate is small with few assets, the will can be filed with the clerk of the probate court in the county where the testator resided. The court also allows for a petition to be filed after the three month window has passed. The petition must include documentation which states that the will has not been recorded and that there are valid reasons why the will was not filed in a timely manner. If the court allows it, the will can then be filed and accepted for probate. For estates that are considered “large”, meaning the estate will likely be subject to inheritance tax, the will must be filed with the Department of Revenue Administration. In this situation, the executor of the estate must contact the department within nine months of the date of death of the testator. In the event of a dispute over a will, the court may also intervene. If a person or party wishes to challenge a will, they must do so in a document known as a Caveat. The Caveat must be filed with the court within six months of the death of the testator. The court will then investigate the matter and make a decision about whether or not the will is valid.
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