Overview
Sullivan County is located in New Hampshire with a population of approximately 44,000. The 5th Circuit - Probate Division - Newport 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 NH RSA 553 and related statutes. 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 estates:
* Waiver of Full Administration (RSA 553:32): Available when the only beneficiaries are the surviving spouse, children, or parents. This process is faster and requires fewer filings.
* Voluntary Administration: For estates consisting entirely of personal property with a value of $10,000 or less.
This guide provides an informational overview of the Sullivan 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
5th Circuit - Probate Division - Newport
Probate matters in Sullivan County are handled at the Newport District Court.
Address: 14 Main Street, Suite 5, Newport, NH 03773
Phone: 1-855-212-1234 (Circuit Court Information Center)
Hours: The Newport Probate Clerk's office is OPEN on Mondays and Thursdays only. On Tuesdays, Wednesdays, and Fridays, probate business may be conducted at the Circuit Court District/Family Division Clerk's office at 55 Main Street, Newport.
The Probate Division is located within the Newport District Court facility. The court handles wills, trusts, estates, guardianships, and name changes.
Parking and Access
Public parking is available near the courthouse on Main Street and in surrounding municipal lots. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Voluntary Administration: If the estate consists only of personal property valued at $10,000 or less, you may qualify for this simplified process.
- Waiver of Full Administration: If the only beneficiaries are the surviving spouse, children, or parents, you may request a waiver of full administration (RSA 553:32).
- 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 5th Circuit - Probate Division. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Appointment of Resident Agent (if the administrator lives out of state)
- Filing fee (typically $150–$405 depending on estate value)
- Legatees and Devisees form
New Hampshire courts encourage or require e-filing for many case types through the TurboCourt system.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Sullivan County (e.g., Valley News) if required by the court. The court often handles the notice of appointment publication, but the estate pays the fee.
Step 4: Attend the Hearing
The court may schedule a hearing if there are objections or irregularities. For many uncontested administrative matters, a hearing may not be required if all paperwork is in order. Once approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must generally be filed within 6 months).
- Inventory estate assets within 90 days (unless waived).
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Motion for Summary Administration or Affidavit of Administration to close the estate.
Local Requirements
Sullivan County-Specific Procedures
- E-Filing: The New Hampshire Judicial Branch utilizes TurboCourt for electronic filing of probate cases.
- Resident Agent: If the administrator is not a resident of New Hampshire, they must appoint a resident agent to accept service of process.
- Publication: Notices are typically published in the Valley News.
- Bond: A corporate surety bond may be required unless the will waives it or all beneficiaries assent to a waiver (and the court approves).
Timeline & Fees
Filing Fees (Sullivan County)
- Petition for Estate Administration (Value ≤ $10,000): Approximately $150.00
- Petition for Estate Administration (Value > $10,000): Approximately $405.00 (includes administrative fee)
- Certified copies of Letters: Approximately $20.00 per copy
- Publication costs: Varies by newspaper (typically $50–$150)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (subject to a convenience fee).
Estimated Timelines
- Simple estates (Waiver of Administration): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Creditors generally have 6 months from the grant of administration to file claims, which sets a minimum duration for most formal estates.
Local Resources
Sullivan County Court Resources
- Court Website: courts.nh.gov
- Probate Self-Help: NH Judicial Branch Estates
- NH Probate Forms: NHJB Forms
Legal Aid and Attorney Referrals
- NH Bar Association Lawyer Referral Service: (603) 229-0002 — nhbar.org
- 603 Legal Aid: (603) 224-3333 — 603legalaid.org
Publication
- Valley News: (603) 298-8711 — vnews.com