All Laws Decoded

How to Avoid Probate in New Hampshire

The legal ways to pass property outside probate in New Hampshire: transfer-on-death deeds, payable-on-death accounts, trusts, joint ownership and small estates.

Short answer: Non-probate options include: transfer on death deeds for real property under the Uniform Real Property Transfer on Death Act (RSA 563-D); N.H. RSA 563-D, 261:17, 564-B:6-602, 553:32

Ways to avoid probateNon-probate options include: transfer on death deeds for real property under the Uniform Real Property Transfer on Death Act (RSA 563-D); joint vehicle ownership with right of survivorship, and automatic passage of a married resident's family vehicle to the surviving spouse unless the title says otherwise (RSA 261:17); revocable trusts (RSA 564-B:6-602); and, for small estates, summary administration (RSA 553:32, 553:33).
Transfer-on-death deedYes, for deeds made on or after July 1, 2024 (Uniform Real Property Transfer on Death Act). The deed must meet normal deed requirements (signed and acknowledged), be titled "Transfer on Death Deed," state that the transfer happens at the owner's death, and be recorded in the registry of deeds for each county where the land lies before the owner dies and within 60 days after signing. The owner needs the same mental capacity as for a will. It can be revoked only by a later recorded instrument, not by a will. After the owner dies, the beneficiaries must record a notarized notice of death affidavit within 60 days (this filing is not a condition of the transfer).

More New Hampshire estate law

FAQ

How can you avoid probate in New Hampshire?
Non-probate options include: transfer on death deeds for real property under the Uniform Real Property Transfer on Death Act (RSA 563-D); joint vehicle ownership with right of survivorship, and automatic passage of a married resident's family vehicle to the surviving spouse unless the title says otherwise (RSA 261:17); revocable trusts (RSA 564-B:6-602); and, for small estates, summary administration (RSA 553:32, 553:33).
Does New Hampshire allow transfer-on-death deeds?
Yes, for deeds made on or after July 1, 2024 (Uniform Real Property Transfer on Death Act). The deed must meet normal deed requirements (signed and acknowledged), be titled "Transfer on Death Deed," state that the transfer happens at the owner's death, and be recorded in the registry of deeds for each county where the land lies before the owner dies and within 60 days after signing. The owner needs the same mental capacity as for a will. It can be revoked only by a later recorded instrument, not by a will. After the owner dies, the beneficiaries must record a notarized notice of death affidavit within 60 days (this filing is not a condition of the transfer).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.