Overview
Merrimack County is located in New Hampshire with a population of approximately 157,869. The 6th Circuit - Probate Division - Concord handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
New Hampshire probate is governed by New Hampshire Revised Statutes Annotated (RSA) Chapter 553. The process begins with filing a Petition for Estate Administration (Form NHJB-2145-P) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
New Hampshire offers simplified procedures for smaller or uncontested estates. Voluntary Administration is available for estates consisting entirely of personal property valued at $10,000 or less. Additionally, a Waiver of Full Administration may be granted if the administrator is the sole beneficiary or if all beneficiaries consent, which waives the requirements for filing an inventory and accounting.
The filing fee for a standard Petition for Estate Administration is generally $150, plus a $55 publication fee if applicable. New Hampshire does not have a statutory percentage-based fee schedule for attorneys or executors; fees must be reasonable based on the services performed.
This guide provides an informational overview of the Merrimack County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
6th Circuit - Probate Division - Concord
Probate matters in Merrimack County are handled at the Concord Probate Court.
Address: 2 Charles Doe Drive, Suite 1, Concord, NH 03301
Phone: 1-855-212-1234 (Circuit Court Information Center)
Hours: Monday through Friday, 8:00 AM to 4:00 PM
The Probate Division is located within the court complex in Concord. It handles wills, trusts, estates, guardianships, and name changes.
Parking and Access
There is no public parking lot directly at the courthouse. Visitors typically use metered street parking on adjacent streets or public parking garages in downtown Concord (e.g., Storrs Street or State Street garages) and walk to the courthouse. Security screening is required for entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: For estates consisting entirely of personal property valued at $10,000 or less (RSA 553:31-a).
- Waiver of Full Administration: Available if the administrator is the sole beneficiary or all interested parties consent (RSA 553:32). This simplifies the process by waiving inventory and accounting requirements.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Estate Administration (Form NHJB-2145-P) with the 6th Circuit - Probate Division. Include:
- Original Will and Codicils (if any)
- Certified copy of the Death Certificate
- Appointment of Resident Agent (if the administrator resides out of state)
- Filing fee (typically $150)
- Legatees and Devisees form (listing all beneficiaries)
E-filing via TurboCourt is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries.
- Publish notice if required. The court typically handles the arrangement of publication in a newspaper of general circulation (e.g., Concord Monitor) upon payment of the $55 publication fee.
Step 4: Attend the Hearing
The court may schedule a hearing if there are objections or irregularities. For many uncontested administrative petitions, a hearing may not be required, and the court will issue Letters of Appointment upon approval of the petition and bond.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors: Creditors have 6 months from the date of appointment to file claims.
- File an Inventory: Must be filed within 90 days of appointment (unless waived).
- Pay valid creditor claims and estate expenses.
- File federal tax returns if required.
- Distribute assets to beneficiaries.
- File a Motion for Summary Administration or Affidavit of Administration to close the estate (typically 6-12 months after appointment).
Local Requirements
Merrimack County-Specific Procedures
- E-filing: The New Hampshire Circuit Court uses TurboCourt for electronic filing. Attorneys are required to e-file; self-represented parties may choose to e-file or file paper forms.
- Publication: Notice is typically published in the Concord Monitor or the Union Leader. The court collects the publication fee and manages the notice.
- Bond: A corporate surety bond may be required unless the will waives it or all beneficiaries consent to a personal bond.
- Resident Agent: If the administrator lives outside New Hampshire, they must appoint a resident agent who lives in the state to accept service of process.
Always check with the 6th Circuit - Probate Division clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Merrimack County)
- Petition for Estate Administration: approximately $150
- Publication Fee: $55 (payable to the court)
- Voluntary Administration: approximately $150 (varies by specific motion type)
- Certified copies of Letters: approximately $20 per copy
- Publication costs: Newspaper fees vary, but the court administrative fee is fixed.
New Hampshire does not have a statutory fee schedule for attorneys or executors; fees must be reasonable.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a convenience fee). E-filers pay via the TurboCourt system.
Estimated Timelines
- Simple estates (Waiver of Administration): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period significantly influences the timeline, as estates generally cannot be closed until this period expires.
Local Resources
Merrimack County Court Resources
- Court Website: https://www.courts.nh.gov
- Probate Self-Help: https://www.courts.nh.gov/self-help/estates
- NH Probate Forms: https://www.courts.nh.gov/resources/forms-and-fees
Legal Aid and Attorney Referrals
- New Hampshire Bar Association: 603-224-6942 — Lawyer Referral Service
- 603 Legal Aid: 603-224-3333 — Civil legal aid for low-income residents
- NH Bar Lawyer Referral: https://www.nhbar.org/lawyer-referral-service
Publication
- Concord Monitor: 603-224-5301 — General circulation newspaper
- Union Leader: 603-668-4321 — Statewide circulation