Losing a loved one is difficult enough without the added stress of navigating the legal system. Probate and trust administration are the processes that ensure a person’s wishes are carried out and their assets are properly managed. At Sowerby & Moustakis Law, we guide families in Southern New Hampshire through these steps with compassion and clarity.

What Is Probate?

Probate is the court-supervised process of settling a person’s estate after death. It includes identifying assets, paying debts, and distributing property to heirs. Probate may be required if:

• There is no will: The court follows New Hampshire intestacy laws to distribute property.
• There is a will: The court verifies the will and oversees administration.
• The estate includes certain assets: Real estate or accounts solely in the deceased person’s name often require probate.

What Is Trust Administration?

Trust administration happens when a person created a trust during their lifetime. Unlike probate, it does not involve court oversight and is often faster and more private. A trustee is responsible for managing assets, paying expenses, and distributing property to beneficiaries.

Key tasks for trustees include:

• Notifying Beneficiaries: Informing heirs and interested parties.
• Managing Assets: Handling investments, real estate, and accounts held in trust.
• Paying Debts and Expenses: Settling outstanding obligations.
• Distributing Property: Following the instructions in the trust document.

Trust administration can be complex, and trustees are legally obligated to act in the best interest of beneficiaries. Our role is to guide trustees through the process and ensure compliance with the law.

The Probate and Trust Administration Process in NH

Families often ask what to expect. Here are the typical steps:

1. Filing and Court Involvement: If probate is needed, we file documents with the New Hampshire court.
2. Inventory of Assets: A full accounting of the estate or trust property.
3. Payment of Debts and Expenses: Ensuring all obligations are met before distributions.
4. Distribution to Beneficiaries: Transferring assets according to the will, trust, or state law.

Throughout the process, we make sure families understand their responsibilities and options.

Costs of Probate and Trust Administration in NH

We believe in transparency with fees. Mistakes in probate or trust administration can cause disputes and delays. Professional guidance reduces risk and stress.

Frequently Asked Questions

How long does probate take in New Hampshire?
Probate usually takes six months to a year, depending on the complexity of the estate and whether disputes arise.

Do all estates go through probate?
No. Small estates or assets held jointly, in trusts, or with beneficiary designations may avoid probate.

What are the duties of an executor or trustee?
Executors manage probate estates, while trustees handle trust assets. Both have fiduciary duties to act in the best interests of beneficiaries. 

Support When You Need It Most

Probate and trust administration can feel overwhelming during a time of loss. At Sowerby & Moustakis Law, we make the process clear and manageable so you can focus on your family.Schedule your free consultation today and let us help guide you through the next steps.