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 probate | 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). |
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| Transfer-on-death deed | 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). |
More New Hampshire estate law
- Medical Power of Attorney in New Hampshire
- Small Estate Affidavit in New Hampshire
- Power of Attorney in New Hampshire
- Quitclaim Deeds and Transferring Property in New Hampshire
- Who Inherits If You Die Without a Will in New Hampshire
- How to Make a Valid Will in New Hampshire
- How Probate Works in New Hampshire
- Living Wills and Advance Directives in New Hampshire
- Revocable Living Trusts in New Hampshire
- Executor Duties in New Hampshire
- Letters Testamentary in New Hampshire
- Affidavit of Heirship in New Hampshire
- Transferring a Car After Someone Dies in New Hampshire
- All New Hampshire wills, probate and estate rules
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.