Updated July 26, 2026. Quick answer: New Hampshire sets probate compensation using “reasonable” compensation with no percentage schedule. The two numbers that decide what an estate actually pays are the fee basis and the small-estate threshold — and whether that threshold reaches real estate, which is where most published guidance goes wrong.
What probate costs in New Hampshire
| Item | New Hampshire |
|---|---|
| Fee model | reasonable-fee |
| What the fee is calculated on | No statutory percentage schedule; executor/administrator and attorney compensation is allowed by the Circuit Court Probate Division as just and reasonable (see RSA ch. 554 et seq. and probate court practice). Exact compensation section not pinned to primary source in this pass. |
| Court filing fee | Not verified from an official schedule this pass — NH Circuit Court Probate Division fee schedule applies (commonly cited around $150-$300 to open an estate; treat as unverified). |
| Small-estate threshold | No dollar-based small-estate affidavit. Instead, waiver of full administration under RSA 553:32 (no inventory, bond, or accounting) when e.g. the surviving spouse is sole heir/beneficiary and serves as administrator (statute extends to certain sole-heir situations); completed by affidavit of administration filed 6-12 months after appointment. Verified via gc.nh.gov and courts.nh.gov. |
Why New Hampshire has no single answer
New Hampshire does not publish a percentage schedule that produces one number, so any source quoting you a firm figure is estimating. What the statute actually fixes is the standard: No statutory percentage schedule; executor/administrator and attorney compensation is allowed by the Circuit Court Probate Division as just and reasonable (see RSA ch. 554 et seq. and probate court practice). Exact compensation section not pinned to primary source in this pass. That makes three things decide the bill — how many billable hours the administration takes, whether any beneficiary contests, and whether the estate qualifies for the small-estate route below and skips most of it. Get the fee basis in writing before engaging anyone.
For states that DO publish a schedule, and to compare, use the probate cost calculator.
What is the small estate limit in New Hampshire?
No dollar-based small-estate affidavit. Instead, waiver of full administration under RSA 553:32 (no inventory, bond, or accounting) when e.g. the surviving spouse is sole heir/beneficiary and serves as administrator (statute extends to certain sole-heir situations); completed by affidavit of administration filed 6-12 months after appointment. Verified via gc.nh.gov and courts.nh.gov.
The statute as written does not clearly state whether this route reaches real property. Treat that as unresolved rather than permission: confirm with the probate court or a licensed attorney in the state before assuming a house can pass this way.
Full thresholds for every state: small-estate limits by state.
If the estate is still being planned rather than settled, the usual way to keep a house out of probate entirely is a living trust, which carries its own upfront cost: whether a living trust is worth it in New Hampshire.
Death taxes in New Hampshire, separately
New Hampshire levies neither an estate tax nor an inheritance tax, which is true of 34 jurisdictions. That is a different question from probate cost and is decided by different statutes, but families routinely conflate the two.
What this does not include
The figures above are the probate cost — the court and compensation side of settling an estate. They are separate from any state estate tax or inheritance tax, which are taxes on the transfer itself and are owed whether or not the estate goes through probate. Appraisal, bond premium, publication, and real-estate commissions if property is sold are additional and are not set by the fee statute.
Before you hire anyone
- Ask which statute the fee is charged under, and get the citation. In New Hampshire the governing provisions are below.
- Ask whether the quoted fee is calculated on gross value or net of debts. Gross-value states charge on the full house value even if a mortgage covers most of it.
- Ask whether the personal representative is also claiming compensation, and on what basis.
- Ask in writing whether the estate qualifies for the small-estate route, and if a solely owned house is involved, whether that route reaches it.
Primary sources
- N.H. RSA 553:32
- N.H. RSA ch. 554
New Hampshire in the rest of the picture
Probate cost is one of four things New Hampshire decides for a retiree and their heirs. The other three — income tax on withdrawals, estate tax, and inheritance tax — are priced separately:
- Every tax New Hampshire charges a retiree: New Hampshire retirement taxes
- What arriving here is worth: retiring to New Hampshire
- Corridor comparison: Connecticut To New Hampshire
- Corridor comparison: Maine To New Hampshire
- Corridor comparison: Massachusetts To New Hampshire
- Corridor comparison: New York To New Hampshire
Compare and calculate
Probate cost by state compares all 51 jurisdictions side by side. The probate cost calculator prices a specific estate. If a move is on the table, retirement tax relocation prices probate alongside the three other taxes that change with residency.
Cite or share this guide: “New Hampshire Probate Cost (2026),” statute-cited; clearmoneyguide.com/new-hampshire-probate-cost/. Free to cite with attribution.
Does a house have to go through probate in New Hampshire?
New Hampshire’s statute does not clearly state whether its small-estate route reaches real property. That is not permission — it is an open question, and the time to settle it is while the owner is alive and has options, not while an estate is being administered. A fiduciary advisor can price the exposure alongside the rest of the estate picture. talk to someone about the whole estate picture. You can also run the numbers yourself first with the probate cost calculator — no email required.
Run your own numbers. Ancillary probate calculator — price probate in every state you own property.