Do I Need a Vehicle Transfer on Death Designation in New Hampshire?
Answer a few questions about how your vehicle is titled to see whether a transfer-on-death designation applies for avoiding probate on a vehicle.
Frequently Asked Questions
No. New Hampshire does not offer a vehicle transfer-on-death designation. New Hampshire law does not provide for a transfer-on-death or beneficiary designation on a motor vehicle certificate of title. The Motor Vehicle code (RSA ch. 261, Certificates of Title and Registration of Vehicles) contains no TOD / beneficiary-form provision for vehicle titles. At an owner's death, a vehicle passes by survivorship (surviving spouse or joint owner with right of survivorship) under RSA 261:17, or otherwise through the owner's estate.
Because New Hampshire does not offer a vehicle TOD designation, the vehicle transfers through: Surviving-spouse survivorship: under RSA 261:17, a motor vehicle owned by a married resident and used for family purposes is deemed jointly held with right of survivorship unless otherwise designated on the title, and passes to the surviving spouse, who may transfer it with their signature plus a copy of the death record without first obtaining a new certificate of title., Joint tenancy with right of survivorship: under RSA 261:17, co-owners may hold the title as joint tenants with right of survivorship (joining names with "or", or with "and" plus a survivorship designation on the title application); on one owner's death the survivor takes the vehicle outside probate.. To keep other assets out of probate, SimplyTrust sets up a revocable trust online.
Without a vehicle TOD option, a New Hampshire vehicle typically passes through the estate unless it is jointly titled or held in a trust, or qualifies for a small-estate transfer. Compare your options with the trust vs. will comparison.
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