In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.

For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.

And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.

Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.

In New Hampshire, the process for administering small estates is governed by state statutes, specifically under the New Hampshire Revised Statutes Annotated (RSA) 553:32. This provision allows for a simplified process for small estates that do not exceed a certain value. As of the knowledge cutoff in 2023, if the value of the estate, less liens and encumbrances, does not exceed $10,000, an heir or agent may, thirty days after the death of the decedent, present an affidavit to the entity holding the assets to transfer personal property without the need for formal probate proceedings. This affidavit must state the relationship of the affiant to the decedent, the time of death, that no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction, and that the claiming successor is entitled to payment or delivery of the property. For real property, the process is more complex and typically requires a formal probate proceeding, but there are provisions for a simplified process under certain circumstances. It is important to consult with an attorney to understand the specific requirements and to ensure compliance with New Hampshire law when dealing with small estates.