What Happens If You Die Without a Will in New Hampshire?
Without a will in New Hampshire, a surviving spouse takes the first $250,000 plus half of the restRSA § 561:1Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationRSA § 561:1(II)(a)Verified Sep 10, 2026View source.
Frequently Asked Questions
New Hampshire intestacy laws determine who inherits when there is no will.RSA § 561:1Verified Sep 10, 2026 New Hampshire follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The estate passes to the closest surviving relatives — in most cases the spouse and children first — then, in order: Parents; Siblings and their descendants; Grandparents; Descendants of grandparents; The state of New Hampshire.
The surviving spouse's share in New Hampshire depends on family structure.RSA § 561:1Verified Sep 10, 2026 With no children: If no parent survives: entire estate. If parent survives: first $250,000 plus 3/4 of the remaining estate. With shared children: If all descendants are shared AND spouse has no other descendants: first $250,000 plus 1/2 of remaining estate. If spouse has other descendants: first $150,000 plus 1/2 of remaining estate. When children from a prior relationship survive: First $100,000 plus half of the remaining estate.
New Hampshire uses the "per capita with representation" distribution method.RSA § 561:1(II)(a)Verified Sep 10, 2026 Under this method, shares are set at the nearest generation with a surviving heir — heirs of equal degree take equal shares — and a deceased heir's share passes to that heir's own descendants. Issue of the same degree of kinship take equal shares; issue of more remote degree take by representation.
New Hampshire requires an heir to survive the decedent by 120 hours to inherit.RSA § 563:2Verified Sep 10, 2026 If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs. In most states this requirement does not apply where it would cause the estate to pass to the state.
Under New Hampshire intestacy law, stepchildren and unmarried partners generally do not inherit unless legally adopted or specifically recognized by statute.RSA § 561:1Verified Sep 10, 2026 In New Hampshire, however, A surviving cohabitant of a reputed marriage — persons who cohabited, acknowledged each other as husband and wife, and were generally reputed to be such for 3 years and until the death of one of them, are thereafter deemed to have been legally married inherit with the same rights as a surviving spouse (RSA § 457:39). Outside these situations, a will or trust is how stepchildren or unmarried partners are provided for. The New Hampshire will signing requirements page outlines what is needed to execute a valid will.
Probate costs in New Hampshire depend on estate size and complexity. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the New Hampshire probate cost calculator for a detailed estimate.
Is this your situation?
Get a complete guide for your specific circumstances.
Inheritance
Inheriting assets brings responsibility. How to manage, protect, and plan for inherited wealth — including tax implications and trust options.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
Divorce
What divorce does and does not undo: beneficiary designations, your will, powers of attorney, and the one account your ex stays on until you change it.
Learn moreMore estate planning resources
Explore related tools and documents to complete your estate plan.
Last Will and Testament
Create a free, state-specific will with witness and notarization requirements included.
Healthcare Power of Attorney
Designate someone to make medical decisions on your behalf.
Financial Power of Attorney
Designate someone to manage your financial affairs.
Transfer on Death Deed
Transfer real property to a beneficiary upon your death without probate.
Renunciation of Executor
Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.
Living Will
State in advance which life-sustaining treatments you want or refuse, in the document your state recognizes, with its signing instructions.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Do I Need Probate?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified probate, or can avoid probate entirely with a small estate affidavit.
What Does Estate Planning Actually Cost?
See the true cost of estate planning. Compare SimplyTrust, Trust & Will, LegalZoom, and attorneys including life events like marriage, divorce, and having children.
When you're ready, we're here.
New Hampshire Estate Planning Resources
In-depth guides covering New Hampshire probate laws, trust requirements, and estate planning strategies.