New Hampshire Probate Bonds,
Handled Simply.

Probate in New Hampshire is handled by the Probate Division of the Circuit Court. The state's 10 counties are each served by a Circuit Court with a Probate Division, which appoints the administrator or executor, oversees administration, and handles guardianships. The probate function moved from the former county Probate Courts into the Circuit Court system, so each county still has its own probate location.

New Hampshire is not a Uniform Probate Code state. It administers estates under Title LVI of the Revised Statutes Annotated, with the bond rules in RSA Chapter 553. The estate fiduciary is an executor when named in a will and an administrator when appointed without one.

New Hampshire imposes no state estate tax and no inheritance tax. The former Legacy and Succession Tax was repealed, so most estates face only the federal estate tax, which reaches only very large estates.

When a New Hampshire bond is required, the amount is set under RSA 553:13:

• Judge's discretion: The Probate Division judge determines the bond amount case by case, looking at the value of the estate's personal property and the interests of the parties.
• Adjustable: The judge may require an additional bond with sufficient sureties, or reduce an existing bond, at any time.
• Adjusted after inventory: A bond increase often follows the filing of the estate inventory, when the value of the personal estate becomes clear, and may be requested by the fiduciary or by an interested party.
• Threshold for bond: Under RSA 553:23, most administrators and executors must post a surety bond before appointment when the estate value is above the statutory small-estate threshold.

New Hampshire generally requires a surety bond, but several paths waive it. Under RSA 553:23 and RSA 553:32:

• Bond is the default: Most administrators and executors must post a surety bond before appointment when the estate is above the small-estate threshold.
• Waiver of administration: Under RSA 553:32, an estate that qualifies for waiver of administration is settled with minimal court supervision, and no fiduciary bond, inventory, or accounting is required.
• Sole beneficiary serving: Waiver of administration is available when the decedent dies testate and the sole beneficiary named in the will is appointed to serve as administrator.
• All beneficiaries or heirs serving: It is also available when all beneficiaries serve as co-administrators, or when all heirs of an intestate estate serve as co-administrators.
• Will waives bond or funds a trust: The court may waive the surety requirement when the will explicitly waives bond, or transfers all assets to a trust, and may otherwise waive it when appropriate.

Filing a New Hampshire probate bond, when one is required, follows Title LVI and Circuit Court practice:

• Filed before appointment: Under RSA 553:23, a required surety bond must be posted before the administrator or executor is appointed and letters issue.
• Filed in the right county: The bond is filed with the Probate Division of the Circuit Court in the county where the decedent resided or owned property.
• Conditioned on faithful administration: The bond is conditioned on the administrator or executor administering the estate according to New Hampshire law.
• Adjusted after inventory: The court may increase the bond once the inventory shows the value of the personal estate, or reduce it as administration proceeds.
• Waiver path: Where the estate qualifies for waiver of administration under RSA 553:32, no fiduciary bond is filed at all.
• Bond stays in force: When required, the bond remains in effect until the estate is settled and the court discharges the fiduciary.

When a New Hampshire bond is required, the cost is a premium paid to the surety company. Estates that use waiver of administration pay no fiduciary bond premium at all.

• Typical rate range: Most New Hampshire probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Minimum premium: Many sureties apply a minimum premium of about $85 to $150 for small bonds.
• Credit impact: Applicants with strong credit qualify for the lowest rates. Applicants with weaker credit may pay a higher rate or be asked for collateral.
• Adjusts with the bond: If the court increases the bond after the inventory, the premium increases in proportion to the new amount.
• Annual renewal: New Hampshire estates can stay open across more than one year, so the premium is charged annually until the court discharges the fiduciary.
• Premium as an estate expense: New Hampshire courts generally allow the bond premium to be paid from estate assets as a cost of administration.

Beyond the standard administrator and executor bond, New Hampshire probate practice uses several additional bond types:

• Executor Bond: The bond of an executor named in a will, required unless the will or the qualifying circumstances waive it.
• Administrator Bond: The bond of an administrator appointed for an intestate estate, required unless the estate qualifies for waiver of administration.
• Administrator With Will Annexed Bond: The bond of an administrator appointed to carry out a will when no named executor serves.
• Guardian Bond: A guardian of the estate of a minor or an incapacitated person is generally required to post a bond tied to the value of the protected estate.
• VA Fiduciary Bond: A fiduciary appointed to manage benefits for a veteran answers to both the New Hampshire court and the federal Department of Veterans Affairs, and the bond may reflect both the estate and the benefits under management.

New Hampshire does not run a licensing board for private professional fiduciaries, but Title LVI places clear duties on every administrator and executor:

• Qualify before acting: The administrator or executor must post any required bond and accept the office before letters issue.
• Faithful administration: The bond secures faithful administration of the estate and protects the beneficiaries and creditors if the fiduciary fails.
• Inventory and accounting: In a full administration the fiduciary files an inventory and accountings, which is also when the court may adjust the bond.
• Waiver path is narrower: Waiver of administration removes the bond, inventory, and accounting, but it is available only in the limited situations RSA 553:32 allows, and any interested person may later petition for full administration.
• Guardians: A guardian of the estate serves under continuing Circuit Court supervision, files inventories and accounts, and maintains any bond the court sets.

• Belknap, Circuit Court, Probate Division (Laconia)
• Carroll, Circuit Court, Probate Division (Ossipee)
• Cheshire, Circuit Court, Probate Division (Keene)
• Coos, Circuit Court, Probate Division (Lancaster)
• Grafton, Circuit Court, Probate Division (Haverhill)
• Hillsborough, Circuit Court, Probate Division (Nashua)
• Merrimack, Circuit Court, Probate Division (Concord)
• Rockingham, Circuit Court, Probate Division (Brentwood)
• Strafford, Circuit Court, Probate Division (Dover)
• Sullivan, Circuit Court, Probate Division (Newport)