Probate in New Hampshire: What Your Family Goes Through Without a Will

All wills go through probate in the state of New Hampshire, with a few exceptions and some nuances. If the deceased does not have a will, this is referred to as intestate succession. An estate will go through probate in New Hampshire if there is no will, with a few exceptions.

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Those exceptions include the following.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Any property that includes a transfer-on-death deed (TODD).

• Any bank or brokerage accounts with a payable-on-death or transfer-on-death designation.

If none of these apply, an estate without a will does go through probate in New Hampshire. Unlike many states, New Hampshire does not use a fixed dollar small estate affidavit. Instead, qualifying estates can use a waiver of administration process when a sole heir or beneficiary is serving as administrator, or when all heirs or beneficiaries agree on who should serve.

Succession Laws Without a Will in New Hampshire

Before determining who will inherit which assets, it is important to understand how New Hampshire treats property ownership. New Hampshire is a common law property state rather than a community property state, meaning ownership is determined by whose name is on the title, deed, or account.

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If none of the exceptions we noted above apply, the estate will go through probate and the assets will be distributed according to the following lines of succession.

• If you are married with no children, your spouse inherits everything if your parents are no longer living. If a parent is still living, your spouse inherits the first $250,000 of your estate plus 3/4 of the remaining balance, with the rest passing to your surviving parent.

• If you have children but no spouse, your children inherit everything. This includes

• Adopted children

• Children born inside and outside of a marriage

• NOTE: Foster children and stepchildren typically do not inherit unless a legal adoption took place.

• If you have no spouse and no children, your parents inherit everything.

• If you have no spouse, no children, and no parents, any living siblings inherit everything.

• In the absence of those, the state will try to locate any other living relatives, including grandparents, grandchildren, nieces, nephews, aunts, uncles, and cousins, before the estate escheats to the state.

If you are married and there are surviving children, probate will allocate assets according to the following guidelinesguidelines.

• If your children are also your spouse's children, and your spouse has no other descendants, your spouse inherits the first $250,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest, divided equally.

• If your spouse has descendants from another relationship in addition to your shared children, your spouse inherits the first $150,000, plus 1/2 of the remaining balance. Your children inherit the rest.

• If you have children who are not your spouse's children, your spouse inherits the first $100,000, plus 1/2 of the remaining balance. Your children inherit the rest.

New Hampshire Probate Process

New Hampshire probate is filed with the Circuit Court, Probate Division, in the county where the deceased lived. There is no statewide filing deadline, but administration cannot close until at least six months after the administrator's appointment, since creditors have six months to file claims. New Hampshire does not charge a state estate or inheritance tax.

Avoiding Probate in New Hampshire

Because probate is widely known for being a long, complex, and often expensive process, people sometimes try to avoid it altogether. Here are some ways you can avoid probate in New Hampshire.

• Put your assets in a revocable living trust. A living trust lets you have full control over your estate as the trustee. You name a successor trustee who will manage distributing your assets after your death.

• Name beneficiary designations on financial accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation names a new owner for brokerage accounts.

• Identify a beneficiary for real estate. New Hampshire has allowed transfer-on-death deeds (TODD) since 2024, which automatically name a new owner for that property upon your death, without the need for a trust.

• Establish joint ownership with right of survivorship. This gives your spouse or another co-owner automatic ownership of any joint property.

Want to learn more about trusts in New Hampshire? Check out our comparison chart to see what is included with a Trust Plan.