How Do I Avoid Probate in New Hampshire?
In New Hampshire, a home with a transfer on death deedRSA 563-D:1 to 563-D:22Verified Oct 17, 2026View source and a payable on death accountRSA 383-B:4-404(a)Verified Nov 1, 2026View source pass outside probate, as does property in a revocable trust; what is left is the probate estate.
At a death in New Hampshire, the sums in a joint account belong to the surviving owner unless the account says otherwiseRSA 383-B:4-405Verified Nov 1, 2026View source. On the pay on death designation: a payable on death deposit account passes to the named beneficiary at the owner's deathRSA 383-B:4-404(a)Verified Nov 1, 2026View source.
New Hampshire has no general statute making a payable-at-death provision in a written instrument nontestamentaryRSA Title LVI (chs. 547 to 567-A) and RSA 383-B, 383-E and 408Verified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.
An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.
Survivorship title in New Hampshire: In New Hampshire a deed to two or more people creates a joint tenancy only where it says so; the words "as joint tenants with rights of survivorship" or "as tenants by the entirety" do. No real estate transfer tax is due on a transfer at a joint tenant's death, and no declaration of consideration is required for itRSA 563-D:22; RSA 563-D:13, I(a); RSA 478:4-a, IVerified Oct 26, 2026View source. New Hampshire recognizes the transfer on death deedRSA 563-D:1 to 563-D:22Verified Oct 17, 2026View source: the home passes to the named beneficiary at the owner's death without probate. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.
In New Hampshire, no transfer on death designation is titled on a vehicle. A vehicle in the owner's name alone is part of the probate estate; one titled in a revocable trust passes under the trust's terms.
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How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
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Learn moreForms for Planning Your Estate in New Hampshire
Free forms for planning your estate in New Hampshire: a will, living trust, pour-over will, both powers of attorney, living will, and TOD deed.
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.
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.
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.
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.
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.
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.
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.
Tools for Planning Your Estate in New Hampshire
Free tools for planning your estate in New Hampshire: what a will or trust costs, whether you need a trust or TOD deed, and how documents are signed.
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.
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.
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.
How Much Is the Federal Gift Tax?
Whether a gift owes federal gift tax, how much of the annual exclusion and lifetime exemption it uses, and whether Form 709 is due.
What Does Estate Planning Actually Cost?
An attorney-prepared revocable 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 and a simple will $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 $549 up front plus a subscription with an online service.
How Much Life Insurance Do I Need?
In New Hampshire, four years at a public university cost about $120,152NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. The inheritance tax (RSA Ch. 86, Legacy & Succession Tax) was repealed outright for deaths on or after 1/1/2003 ("Repealed 2002, 232:14, II, eff. Jan. 1, 2003."). The estate tax (RSA Ch. 87) remains codified but is void by its own terms: RSA 87:9 ("Chapter Void, When.") provides that "[t]his chapter shall become void and of no effect in respect to the estates of persons who die subsequent to the effective date of the repeal of ... that portion of such provisions that allow a credit for state death taxes against the decedent’s federal estate tax." The IRC § 2011 credit was terminated for decedents dying after 12/31/2004 (replaced by the § 2058 deduction, Pub. L. 107-16 § 532(d)) and § 2011 was formally repealed by Pub. L. 113-295 (Dec. 19, 2014), so no New Hampshire estate tax is due for deaths on or after 1/1/2005.Verified Sep 15, 2026View source.
Are My Beneficiary Designations Protected?
New Hampshire does not revoke an ex-spouse as beneficiary at divorceRSA 551:13; RSA 563-D:14Verified Sep 15, 2026View source; employer plans under ERISA follow federal rules either way, so a 401(k) beneficiary changes only by a new designation.
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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New Hampshire Estate Planning Resources
In-depth guides covering New Hampshire probate laws, trust requirements, and estate planning strategies.