New Hampshire
Estate law, probate process, and inheritance rules for New Hampshire — in plain language.
$2,000–$4,000 on typical estates
Petition for waiver of administration RSA §553:32
Elective share: surviving spouse may waive will and claim statutory share under RSA §560
Spouse + descendants all of marriage: spouse takes first $250K + 1/2 of remainder. Otherwise varies.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days of death
- ⏱Inventory due within 90 days of appointment
- ⏱Final accounting before discharge
- ⚠No state estate or inheritance tax — but interest and dividends tax was repealed in 2025
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →NH residents are well-positioned tax-wise — focus on probate avoidance via trust if estate > $500K
- →Annual beneficiary review
- NH RSA Title LVI (Probate Courts and Decedent Estates)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in New Hampshire.
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