Who Inherits If You Die Without a Will in New Hampshire
New Hampshire's intestacy rules: who inherits when there is no will, the surviving spouse's share, and how small estates are handled.
Short answer: Surviving spouse: the whole estate if the person left no children/descendants and no parent; the first $250,000 plus half the rest if all descendants are also the spouse's and the spouse has no other descendants; N.H. RSA 561:1
| Who inherits without a will | Surviving spouse: the whole estate if the person left no children/descendants and no parent; the first $250,000 plus half the rest if all descendants are also the spouse's and the spouse has no other descendants; the first $250,000 plus three-quarters of the rest if there are no descendants but a parent survives; the first $150,000 plus half the rest if all descendants are shared but the spouse has other children; the first $100,000 plus half the rest if any of the deceased person's descendants are not the spouse's. What is left (or everything, if no spouse) goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants (split between the father's and mother's sides). Relatives beyond the fourth degree of kinship do not inherit; if no one qualifies, the estate goes to the State. Source: N.H. RSA 561:1 |
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| Surviving spouse's share | A surviving spouse may waive the will and take a statutory share instead: one-third of personal property and one-third of real estate if the deceased left children or their descendants; if no descendants but a parent or sibling survives, $10,000 of personal property and $10,000 of real estate plus half of the rest of each; if none of those relatives survive, $10,000 plus $2,000 for each full year of marriage, plus half of the rest. The share is figured after debts and administration costs. The waiver must be filed within 6 months after an executor or administrator is appointed (the court can extend this for good cause). Source: N.H. RSA 560:10, 560:14 |
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
- 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
- How to Avoid Probate in New Hampshire
- Transferring a Car After Someone Dies in New Hampshire
- All New Hampshire wills, probate and estate rules
FAQ
Who inherits if someone dies without a will in New Hampshire?
Surviving spouse: the whole estate if the person left no children/descendants and no parent; the first $250,000 plus half the rest if all descendants are also the spouse's and the spouse has no other descendants; the first $250,000 plus three-quarters of the rest if there are no descendants but a parent survives; the first $150,000 plus half the rest if all descendants are shared but the spouse has other children; the first $100,000 plus half the rest if any of the deceased person's descendants are not the spouse's. What is left (or everything, if no spouse) goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants (split between the father's and mother's sides). Relatives beyond the fourth degree of kinship do not inherit; if no one qualifies, the estate goes to the State.
What is a surviving spouse entitled to in New Hampshire?
A surviving spouse may waive the will and take a statutory share instead: one-third of personal property and one-third of real estate if the deceased left children or their descendants; if no descendants but a parent or sibling survives, $10,000 of personal property and $10,000 of real estate plus half of the rest of each; if none of those relatives survive, $10,000 plus $2,000 for each full year of marriage, plus half of the rest. The share is figured after debts and administration costs. The waiver must be filed within 6 months after an executor or administrator is appointed (the court can extend this for good cause).
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.