Provides legal services in estate planning, probate, and trust administration to clients in the Lakes Region. Kristen Gardiner has over 30 years of experience in transactional real estate and estate planning across multiple states.
Estate Planning for Merrimack County, New Hampshire Property Owners
For most Merrimack County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.
For a Merrimack County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the 6th Circuit - Probate Division. The two tools that keep a Merrimack County home out of probate are a transfer-on-death deed recorded with the Register of Deeds, and a revocable living trust that holds title to the property.
Skipping this planning step means the 6th Circuit - Probate Division decides who receives the property: a simple New Hampshire probate takes 6+ months and opens with $150 in court filing fees.
Record a Transfer-on-Death Deed in Merrimack County
A transfer on death deed names a beneficiary who receives Merrimack County property automatically at the owner's death, without probate. It is recorded with the Register of Deeds during the owner's lifetime and can be revoked at any time.
Before recording, a New Hampshire transfer on death deed is signed with notary acknowledgmentRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source. The deed takes effect only if it is recorded within 60 daysRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source of signing and before the owner's deathRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source.
Where to Record Property Documents
Deeds and other real property documents for Merrimack County are recorded with the Register of Deeds at 163 North Main Street, Suite 103, Concord, NH 03301. Phone: 1-603-228-0101. Hours: Monday-Friday 8:00 AM-4:00 PM.
The Register of Deeds charges $12 for the first page plus $4 for each additional page. A 2-page transfer on death deed costs $41 to record in Merrimack County, which is $16 in recording fees plus the $25 LCHIP Surcharge (Land and Community Heritage Investment Program). A transfer on death deed is exempt from transfer tax where no consideration is exchanged.
Merrimack County accepts electronic recording through Simplifile, CSC, Indecomm, ePN and Hopdox.
Recording Office Record
Register of Deeds
Merrimack County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
163 North Main Street, Suite 103, Concord, NH 03301
Website
Fees
Recording fees
| Base fee (first page) | $12 |
| Each additional page | $4 |
| LCHIP Surcharge (Land and Community Heritage Investment Program)Applies to a TOD deed | $25 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax where no consideration is exchanged |
RSA 478:17-g; RSA 478:17-j; RSA 78-B:1; RSA 78-B:2; RSA 78-B:4
Verified October 16, 2026 · Source
Estate Planning Attorneys Serving Merrimack County
Committed to achieving outstanding results since 1914. Estate Planning and Probate Practice Group provides full range of legal services for residents and businesses throughout Belknap, Carroll, Grafton, and Merrimack counties.
Bow general-practice firm near Concord, serving Merrimack County. Estate work covers wills, revocable trusts, and durable powers of attorney, alongside real estate, land use, and business matters. Now led by attorney Maria Dolder following Donald Hebert's retirement in 2024.
Committed to excellence with offices in New Hampshire and Massachusetts. Helps clients identify and understand estate planning options and implement comprehensive plans to preserve and protect wealth. Tier 1 recognition in 2025 Best Law Firms for tax law and trusts and estates.
Concord firm handling trusts and estates for individuals and fiduciaries across New Hampshire, in practice since 1946. Work spans estate and trust administration, administration of irrevocable trusts, and probate litigation, including disputes among beneficiaries and fiduciaries.
Concord firm, with a Rochester office, advising executors, trustees, families, and institutions on trust and estate administration and related estate-tax issues. Represents fiduciaries in probate and trust disputes, including litigation and mediation. In estate practice since 1979.
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
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Data sourced from New Hampshire statutes and official state code. How we research.
Forms for Planning Your Estate in New Hampshire
Free forms for planning your estate in New Hampshire: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for New Hampshire.
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Last Will and Testament
In New Hampshire, a will is signed before 2NH RSA 551:2Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyNH RSA 551:2Verified Oct 19, 2026View source.
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Codicil to a Will
In New Hampshire, a codicil is signed before 2NH RSA 551:2Verified Oct 19, 2026View source witnesses, like a will, and the self-proving affidavit signed with it lets the court admit it without witness testimonyNH RSA 551:2-a; RSA 21:22Verified Oct 25, 2026View source.
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Healthcare Power of Attorney
New Hampshire allows a choice for a healthcare power of attorney: 2RSA 137-J:20Verified Oct 15, 2026View source witnesses or a notary.
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Free
HIPAA Release
In New Hampshire, a HIPAA release names who may receive your records and, as the state requires, names HIV/AIDS-related information and genetic informationN.H. Rev. Stat. Ann. § 141-F:8, I & III; N.H. Rev. Stat. Ann. § 141-H:2, II & IIIVerified Jun 19, 2026View source expressly before a provider releases them.
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Financial Power of Attorney
New Hampshire treats a power of attorney as durable by defaultRSA 564-E:104, 564-E:105, 564-E:106, 564-E:107, 564-E:109, 564-E:113, 564-E:114, 564-E:119, 564-E:120, 564-E:201, 564-E:217, 564-E:301; RSA 477:9Verified Oct 21, 2026View source, and it is signed before a notaryRSA 564-E:104, 564-E:105, 564-E:106, 564-E:107, 564-E:109, 564-E:113, 564-E:114, 564-E:119, 564-E:120, 564-E:201, 564-E:217, 564-E:301; RSA 477:9Verified Oct 21, 2026View source.
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Transfer on Death Deed
In New Hampshire, a transfer on death deed is signed before a notaryRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source, then recorded with the county before the owner's deathRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source, within 60 daysRSA 563-D:1 to 563-D:22Verified Oct 19, 2026View source of signing. New Hampshire does not recognize a Lady Bird deed.
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Living Will
In New Hampshire, the living will is the Living WillRSA Chapter 137-J (137-J:1 to 137-J:37), Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care DecisionsVerified Sep 27, 2026View source, a written instruction that is valid with no agent named.
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Pour-Over Will
In New Hampshire, a pour-over will is signed before 2NH RSA 551:2Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
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Tools for Planning Your Estate in New Hampshire
Free tools for planning your estate in New Hampshire: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for New Hampshire.
How Do I Sign Estate Documents?
In New Hampshire, a will is signed before 2NH RSA 551:2Verified Oct 19, 2026View source witnesses, and notarization is not requiredNH RSA 551:2Verified Oct 19, 2026View source.
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Will My Estate Documents Transfer?
New Hampshire recognizes a will signed under the law of the place where it was signedNH RSA 551:5Verified Oct 19, 2026View source; a will signed in New Hampshire itself needs 2NH RSA 551:2Verified Oct 19, 2026View source witnesses, and notarization is not requiredNH RSA 551:2Verified Oct 19, 2026View source.
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Trust or Will: Which Costs Less?
In New Hampshire, a will-based plan pays probate attorney fees of typically 2%Modeled estimate under NH Circuit Court Probate Division Rule 88 (reasonable compensation for work, responsibility, and risk; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under NH Circuit Court Probate Division Rule 88 (reasonable compensation for work, responsibility, and risk; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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How Much Does a Revocable Living Trust Cost?
An attorney-prepared revocable living trust in New Hampshire runs $3,360Estimate: 10 hours at $336, Clio's New Hampshire Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $5,040Estimate: 15 hours at $336, Clio's New Hampshire Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source for an individual, against $0 to $549 up front plus a subscription with an online service.
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How Much Does a Will Cost?
An attorney-prepared will in New Hampshire runs $1,080Estimate: 3 hours at $360, Clio's New Hampshire Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,160Estimate: 6 hours at $360, Clio's New Hampshire Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $299 up front with an online service, and probate on a $500,000 estate adds about $26,585NH Circuit Court Probate Division Rule 88 (reasonable compensation for work, responsibility, and risk; no statutory percentage)Verified Sep 8, 2026View source.
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How Does SimplyTrust Compare to LegalZoom, Trust & Will, and Other Services?
Compare what it costs to make a trust official across SimplyTrust, LegalZoom, Trust & Will, Rocket Lawyer, and Quicken WillMaker.
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How Do I Name a Guardian for My Minor Children?
In New Hampshire, a parent names a guardian for a minor child in a will or a separate signed writingRSA 463:5 (nomination by will, petition, or written consent); RSA 463:10 (who may be appointed)Verified Sep 15, 2026View source, and the nomination covers the child until the age of majority, 18RSA 463:2 (definition of "minor": a child under 18, unmarried and unemancipated)Verified Sep 15, 2026View source.
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Do I Need a Revocable Trust?
Probate in New Hampshire takes 6 months to 9 months for a simple estate and charges attorney fees of typically 2%Modeled estimate under NH Circuit Court Probate Division Rule 88 (reasonable compensation for work, responsibility, and risk; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.2%Modeled estimate under NH Circuit Court Probate Division Rule 88 (reasonable compensation for work, responsibility, and risk; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.
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New Hampshire Estate Planning Articles
Estate planning articles for New Hampshire.
