Question Details: Does the surviving spouse have to open an estate for the deceased or put assets under $10,000 through/in probate?
I am not admitted in New Hampshire. I am sorry for your loss.
Whether or not a probate is necessary is difficult to answer without knowing certain details: What are the assets? How were the assets of the surviving spouse held? Were they jointly held and passed at death? Was there a will?
"New Hampshire law provides for simplified probate when the decedent leaves a surviving spouse or, if not surviving spouse, and only child, named as the administrator of the estate. After a waiting period of six months, the administrator may file an affidavit stating that there are no outstanding debts and list any real estate owned by the decedent."
The questions are best answered by an attorney in your area who can look and see how the assets are held. Also, the clerks of the probate court are very helpful in these areas, although they can not give legal advice.

Are you a lawyer?
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