Quitclaim Deeds and Transferring Property in New Hampshire
How to sign and record a quitclaim or other deed in New Hampshire, and whether you can use a transfer-on-death deed to avoid probate.
Short answer: A deed must be signed by the grantor, acknowledged before a justice, notary public or other authorized official, and include the grantee's mailing address. N.H. RSA 477:3, 477:7; RSA 78-B:1, 78-B:4
| Signing and recording a deed | A deed must be signed by the grantor, acknowledged before a justice, notary public or other authorized official, and include the grantee's mailing address. To bind anyone other than the grantor and heirs, it must be acknowledged and recorded in the county registry of deeds; witnesses are not required for deeds acknowledged and recorded after August 15, 1981. Real estate transfer tax is $0.75 per $100 of price (minimum $20), charged to both buyer and seller. Transfer tax: https://gc.nh.gov/rsa/html/V/78-B/78-B-1.htm. |
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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). |
Official forms
Free New Hampshire quitclaim deed template — fill in and print
More New Hampshire estate law
- Medical Power of Attorney in New Hampshire
- Small Estate Affidavit in New Hampshire
- Power of Attorney 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
- 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
What does a quitclaim deed need to be valid in New Hampshire?
A deed must be signed by the grantor, acknowledged before a justice, notary public or other authorized official, and include the grantee's mailing address. To bind anyone other than the grantor and heirs, it must be acknowledged and recorded in the county registry of deeds; witnesses are not required for deeds acknowledged and recorded after August 15, 1981. Real estate transfer tax is $0.75 per $100 of price (minimum $20), charged to both buyer and seller.
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.