What Happens if You Die Without a Will in New Hampshire?
If you die without a will in New Hampshire, inheritance is based entirely on your marital status and family relationships, along with the value of any property and assets. Let's break those rules down below.
If You are Married with Children
In New Hampshire, your spouse inherits a significant share of your estate if they survive you, but the exact amount depends on your specific family situation. Here are some things you should know about New Hampshire’s intestacy laws.
- If your spouse survives you and all of your children are also your spouse's children, 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 survives you, your children are also your spouse's children, and your spouse has descendants from a previous relationship, your spouse inherits the first $150,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest.
- If your spouse survives you but you have children from another relationship, your spouse inherits the first $100,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits all of your estate if you have no living parents. If you have living parents, your spouse inherits the first $250,000, plus 3/4 of the remaining balance, and your parents inherit the rest. Any assets with designated beneficiaries will pass to those specified regardless.
If You Don't Have a Spouse, but Have Children
Your children inherit all of your assets, divided equally.
If You Don't Have a Spouse or Children
Your closest living relatives will inherit your assets, starting with your parents, then moving to your siblings, and on to the nearest living relative.
If No Living Relatives Can Be Found
Your property reverts to the state of New Hampshire, though this is rare since the law reaches out to relatives as distant as cousins before that happens.
Other Things to Know about Dying Without a Will in New Hampshire
- All heirs are subject to a 120-hour survivorship rule, requiring that they outlive you by at least 120 hours to inherit.
- Half relatives, such as a sibling who shares only one parent with you, generally inherit as though they were whole relatives.
- Stepchildren and foster children don't inherit unless they have been legally adopted.
- Children born outside of marriage receive a share only if paternity was established through marriage, acknowledgment, or a court order.
When Does an Estate Go Through Probate Without a Will
If you die without a will in New Hampshire, your estate typically still needs to go through probate unless the assets qualify for a waiver of administration, which New Hampshire allows when a sole heir serves as administrator or when all heirs agree on who should serve. New Hampshire does not use a fixed dollar small estate affidavit the way many other states do.
Ready to get started? Take our quiz to see if a will or trust is right for you.
