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Motion to Determine Insolvency of Estate

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THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH
http://www.courts.state.nh.us

(if known)

MOTION TO DETERMINE THAT AN ESTATE IS INSOLVENT
(RSA 554:19-b)

1.

2.

3. Value of estate assets

$
$
$
$

4. List the name and address of each known creditor and amount of each claim, and all administrative expenses. (Attach additional sheets of paper if necessary.)

CREDITOR'S NAME AND ADDRESS AMOUNT OF EXPENSE/CLAIM
$
$
$
$
$
$
$
$
$
$

MOTION TO DETERMINE THAT AN ESTATE IS INSOLVENT

Based on the total value of the estate and list of debts and expenses of the estate, I request that the court allow the estate to be administered as insolvent.

I certify that on this date I provided this document(s) to the parties who have filed an appearance for this case or who are otherwise interested parties, including all known creditors, by: OR OR (E-mail only by prior agreement of the parties based on Circuit Court Administrative Order).

IMPORTANT NOTICE
To Beneficially Interested Persons

This motion may be approved by the Probate Division unless a written objection, containing the specific factual or legal basis for the objection, is filed within 10 days after the date the motion is filed in the Probate Division. Failure to file an objection may forfeit your right to a hearing concerning the motion or your objection, and the Probate Division may then act without a hearing or any further notice to you.

ORDER

NHJB-2667-P (03/25/2013) Page 2 of 2

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What the Motion to Determine Insolvency of Estate Is

A Motion to Determine Insolvency of Estate is a probate filing asking a court to declare that a decedent's estate lacks sufficient assets to pay all claims in full. The motion summarizes assets and liabilities, requests authority to pay allowed claims in a prioritized manner, and often triggers notice to creditors and a claims period under local probate rules.

Why this motion matters for estate administration

Filing the motion clarifies creditor rights, limits personal representative liability, and establishes a process for distributing limited estate funds under court supervision. It helps avoid ad hoc distributions and provides formal notice to creditors so claims can be adjudicated within probate procedures.

Why this motion matters for estate administration

Who typically prepares and relies on this motion

The motion is prepared during probate by parties responsible for administering the estate.

  • Personal representatives and executors who manage estate assets and liabilities during probate and must comply with creditor notice requirements.
  • Creditors seeking to establish or prove claims; the motion triggers formal notice and claim procedures under the probate court.
  • Probate attorneys who draft the motion, assemble schedules, and represent the estate at hearings on insolvency matters.

Primary roles who sign or approve the motion

Personal Representative

The estate fiduciary who files the motion and signs under oath. They must provide a complete asset and liability inventory, follow court notice rules, and may be personally liable for improper distributions if statutory procedures are not followed.

Probate Attorney

An attorney for the estate drafts the motion, verifies legal sufficiency, and appears at hearings. Counsel ensures compliance with state probate statutes and local court rules, advises on creditor priorities, and prepares required notices and affidavits.

Required information typically included in the motion

Court caption: Case title and court name
Decedent details: Full legal name and date of death
Asset schedule: Brief inventory with values
Liability schedule: Known debts and claim amounts
Creditor notice plan: Method and dates of notice
Affidavit of insolvency: Signed statement under penalty

Key risks if the motion is incorrect or incomplete

False statement: Perjury or sanctions possible
Missed deadlines: Creditors may preserve claims
Improper distribution: Personal liability risk
Unnoticed creditors: Claims reopened later
Court rejection: Motion dismissed without prejudice
Tax exposure: IRS audit consequences

Common preparation pitfalls to avoid

  • Incomplete creditor lists that omit secured or informal creditors, resulting in reopened claims or successful creditor objections after distributions.
  • Valuation gaps for estate assets that rely on opinion rather than appraisal, leading to inaccurate distributions or contested priorities.
  • Failing to follow local probate notice rules and service methods, which can invalidate the claims process and extend administration time.
  • Relying on informal waivers or unsigned releases instead of court-approved distribution orders, risking personal representative liability.

Step-by-step: preparing and filing the motion

Follow these core steps to prepare a clear, court-ready Motion to Determine Insolvency of Estate.

  • 01
    Prepare draft: Compile asset and liability schedules and draft the motion text.
  • 02
    Attach exhibits: Include inventories, creditor lists, and supporting affidavits.
  • 03
    File with court: Submit the motion per local probate filing procedures.
  • 04
    Serve creditors: Provide notice using court-approved methods and timelines.

Digital workflow settings for online completion

Configure an e-filing workflow that covers document preparation, signer roles, authentication, and retention.

Field Configuration
Document Type PDF, PDF/A preferred for court submission
Signers Personal rep and attorney roles designated
Authentication Email plus SMS or ID verification recommended
Filing Method E-file if court accepts, otherwise clerk hand-delivery

How the filing and notice process typically proceeds

The process moves from document preparation to court action, with creditor response windows and a final judicial determination.

  • Draft motion: Prepare motion, schedules, and affidavits.
  • File and docket: Clerk assigns hearing date if required.
  • Serve creditors: Send notice per local statute methods.
  • Court determination: Judge rules and directs distributions.

Typical timelines and what to expect after filing

Exact deadlines depend on state law and local court rules; the following are common timeframes and practical expectations.

Notice to creditors:

Service typically required within 30–90 days after filing depending on jurisdiction.

Claims period:

Creditors commonly have 90–180 days to present claims after notice is published or served.

Hearing scheduling:

Court may set a hearing within 30–120 days depending on docket and complexity.

Objection window:

Parties typically have the claims period or the hearing date to object.

Final determination:

Court issues ruling after claims period and any hearings conclude.

Key milestones from filing to court decision

A sequential view of major stages helps track required actions and deadlines during insolvency proceedings.

01

File Motion

Submit motion and supporting schedules to the probate court.

02

Publish/Serve Notice

Provide notice to known and unknown creditors by service and publication.

03

Claims Period

Allow statutory period for creditors to present proofs of claim.

04

Court Ruling

Judge issues order declaring insolvency and authorizing distributions.

Core components to include in a professional motion

A complete motion organizes facts, evidence, and requests so the court can evaluate estate solvency and approve a claims process.

Court Caption

Complete case caption identifying court, case number, parties, and estate to ensure correct filing and docketing for probate proceedings.

Statement of Assets

A clear inventory listing estate assets with estimated fair-market values and any supporting appraisals or valuations attached for material items.

Statement of Liabilities

A schedule of known debts, secured claims, and priority claims with documentation to support amounts and creditor identities.

Affidavit of Insolvency

A sworn statement by the personal representative attesting to the estate's inability to satisfy all known claims in full.

Proposed Distribution Plan

A concise proposal showing how limited funds will be distributed among allowed claims in priority order consistent with state law.

Notice and Service Plan

A description of how creditors will be notified, including publication details if required and dates for the claims period.

How an insolvency motion compares to filing bankruptcy

This high-level comparison highlights differences between resolving creditor claims through probate insolvency proceedings and federal bankruptcy.

Criteria Insolvency Motion Bankruptcy Petition
Typical forum probate court federal bankruptcy court
Legal basis state probate law u.s. bankruptcy code
Primary outcome estate claims prioritized automatic stay; discharge possible
Common use limited estate assets debtor relief and creditor repayment

eSignature vendor comparison for completing probate filings

Comparison of common eSignature vendors and core price or compliance differences relevant to estate administrations and court filings.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes (Business Premium) Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of using electronic workflows in estate matters

Practitioners and organizations have used digital signing and remote workflows to streamline estate administration tasks, including insolvency motions.

Tim Martin — Martin Properties

A small property management firm streamlined estate signings for probate notices.

  • He used online signing to collect fiduciary signatures remotely.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Dan Rotelli — BIS

A services company standardized legal templates for estate administration workflows.

  • Templates reduced manual errors and accelerated court filings.
  • "We felt most comfortable with airSlate SignNow given their SOC 2 certification and strict focus on ESIGN and UETA act compliance."

Practical tips for accurate and efficient completion

Adopt these practices to minimize delays, reduce objections, and preserve fiduciary protections during insolvency proceedings.

Verify creditor list thoroughly
Cross-check decedent records, bank statements, and correspondence to include secured and informal creditors; omissions create reopening risk and possible personal liability.
Attach supporting documentation
Provide appraisals, account statements, and creditor invoices to substantiate schedules; clear exhibits reduce discovery and expedite court rulings.
Follow local notice rules
Use the court-required service methods and publication schedules for creditor notice to ensure claims deadlines are enforceable.
Document retention plan
Keep originals and signed copies in secure storage with indexed retention timelines tied to IRS, HIPAA, and state requirements.

Technical considerations for digital completion and submission

Ensure your eSignature platform and file formats meet court and security expectations before submitting electronic documents.

  • File formats: PDF/PDF-A preferred for courts
  • Authentication: Email plus SMS or advanced verification
  • Integrations: Supports MS 365, Google Workspace, NetSuite

Frequently asked questions about the motion and e-signature use

Answers to common questions about preparing, filing, signing, and serving a Motion to Determine Insolvency of Estate.


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