Revocable Living Trusts in New Hampshire
How revocable living trusts work under New Hampshire law and the other ways to pass property without probate.
Short answer: New Hampshire adopted a version of the Uniform Trust Code, the New Hampshire Trust Code (RSA 564-B). N.H. RSA 564-B:6-602
| Revocable living trust | New Hampshire adopted a version of the Uniform Trust Code, the New Hampshire Trust Code (RSA 564-B). For trusts created under instruments signed on or after the code's effective date, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate. Source: N.H. RSA 564-B:6-602 |
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| 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). |
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
- 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
How do living trusts work in New Hampshire?
New Hampshire adopted a version of the Uniform Trust Code, the New Hampshire Trust Code (RSA 564-B). For trusts created under instruments signed on or after the code's effective date, the settlor may revoke or amend the trust unless its terms expressly make it irrevocable. Only property titled in the trust avoids probate.
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).
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.