What Happens to Jointly Owned Property in New Hampshire When an Owner Dies?
When a joint owner dies in New Hampshire: New Hampshire law names no affidavit or certificate to record when a joint tenant dies. The registries of deeds record certified copies of death certificates, and title practice accepts evidence of the death recorded with the survivor's next deedRSA chs. 477, 478, 478-A; chs. 547 to 567-A; chs. 74, 78-B, 86, 87, 88, 88-A; ch. 5-C; N.H. Bar Title Examination Standards 3-1, 5-13, 5-14, 5-22Verified Oct 26, 2026View source.
New Hampshire law names no affidavit or certificate to record when a joint tenant dies. The registries of deeds record certified copies of death certificates, and title practice accepts evidence of the death recorded with the survivor's next deedRSA chs. 477, 478, 478-A; chs. 547 to 567-A; chs. 74, 78-B, 86, 87, 88, 88-A; ch. 5-C; N.H. Bar Title Examination Standards 3-1, 5-13, 5-14, 5-22Verified Oct 26, 2026View source.
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.
In New Hampshire a transfer on death deed passes the property to the beneficiary at the owner's death. The beneficiaries file a notarized notice of death affidavit at the county registry of deeds within 60 days of the death; the transfer of title does not depend on itRSA 563-D:22Verified Oct 26, 2026View source.
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Learn moreForms for Settling an Estate in New Hampshire
Free forms for settling an estate in New Hampshire: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Affidavit of Death
In New Hampshire, a transfer on death deed beneficiary records the “Notice of death affidavitRSA 563-D:22Verified Oct 26, 2026View source”.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Renunciation of Executor
In New Hampshire, a person named as executor may decline to serveN.H. RSA 552:3Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In New Hampshire, the personal representative files the estate inventory within 90 daysRSA 554:1, 554:26-aVerified Sep 15, 2026View source of appointment.
Tools for Settling an Estate in New Hampshire
Free tools for settling an estate in New Hampshire: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In New Hampshire, certified death certificates come from the New Hampshire Secretary of State - Division of Vital Records AdministrationNew Hampshire Secretary of State - Division of Vital Records AdministrationVerified Oct 15, 2026View source; the first copy costs $15New Hampshire Secretary of State - Division of Vital Records AdministrationVerified Oct 15, 2026View source, additional copies $10New Hampshire Secretary of State - Division of Vital Records AdministrationVerified Oct 15, 2026View source each.
Do I Need Probate?
New Hampshire sets no dollar limit for its Waiver of AdministrationNH Probate Div. Rule 88 (fees), NH Probate Div. Rule 169 (filing feesVerified Sep 8, 2026View source; eligibility turns on other tests.
Do I Have to File Tax Returns for Someone Who Died?
New Hampshire has no state income tax, so only the federal final Form 1040 is due for the decedentN.H. RSA Ch. 77 (Taxation of Incomes) — "[Repealed by 2021, 91:99, II, eff. Jan. 1, 2025.]"Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in New Hampshire: the personal representative files the estate inventory within 90 daysRSA 554:1, 554:26-aVerified Sep 15, 2026View source of appointment; creditors have 6 monthsRSA §§ 553:16, 554:19, 556:1, 556:2, 556:3, 556:5, 556:29Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in New Hampshire, the estate goes through probate unless it fits a simplified procedure, where creditors have 6 monthsRSA 556:3Verified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
New Hampshire levies no estate or inheritance taxNo 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; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
New Hampshire imposes no inheritance or estate taxNo 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; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
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New Hampshire Estate Settlement Resources
In-depth guides covering New Hampshire probate, estate administration, and settling an estate.