New Hampshire Intestate Succession Rules
Understand how New Hampshire distributes your estate without a will, from spouses to distant relatives.
When someone passes away without a valid will in New Hampshire, state laws dictate how their estate is divided among heirs. This process, known as intestate succession, prioritizes close family members like spouses and children while following a strict hierarchy. Governed by New Hampshire Revised Statutes Section 561:1, these rules ensure orderly distribution but may not align with personal wishes, underscoring the importance of estate planning.
What Constitutes an Intestate Estate?
Not all property falls under intestate succession. Only assets passing through probate—those solely owned by the deceased without designated beneficiaries or co-owners—are subject to these laws. Common probate assets include individually held bank accounts, personal vehicles titled alone, and real estate without joint ownership or transfer-on-death deeds.
Conversely, non-probate assets bypass this process:
- Joint tenancy property with right of survivorship, automatically transferring to co-owners.
- Life insurance proceeds directed to named beneficiaries.
- Retirement accounts like IRAs or 401(k)s with designated recipients.
- Payable-on-death (POD) bank accounts or transfer-on-death (TOD) securities.
- Living trust-held assets, which distribute per trust terms.
If a beneficiary predeceases the owner without contingents, those assets may revert to the probate estate and follow intestate rules.
The 120-Hour Survivorship Requirement
New Hampshire mandates heirs outlive the decedent by 120 hours (five days) to inherit intestate property. This prevents estates from passing to someone who dies shortly after in a common accident, simplifying administration. Courts use death certificates or affidavits to verify compliance, as outlined in RSA 563.
Distribution Hierarchy for Surviving Spouse
A surviving spouse receives priority, with shares varying by other surviving relatives. The table below summarizes key scenarios under RSA 561:1.
| Family Situation | Spouse’s Share | Other Heirs’ Share |
|---|---|---|
| No children, no parents | Entire estate | None |
| Children (all shared with spouse), spouse has no other children | First $250,000 + 1/2 balance | Children take remainder |
| Children (all shared with spouse), spouse has children from elsewhere | First $150,000 + 1/2 balance | Children take remainder |
| Children not shared with spouse | First $100,000 + 1/2 balance | Children take remainder |
| Parents (no children) | First $250,000 + 3/4 balance | Parents take remainder |
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Practical Examples
Consider a decedent with $400,000 in probate assets, married with no children or parents: spouse inherits all $400,000.
If shared children exist and spouse has no others: spouse gets $250,000 + half of $150,000 ($75,000) = $325,000; children split $75,000.
For children from prior relationship: spouse gets $100,000 + half of $300,000 ($150,000) = $250,000; children get $150,000.
Who Inherits Without a Spouse?
Absent a spouse, the estate passes to descendants (children, grandchildren, etc.). Equal shares if same generation; per stirpes (by representation) otherwise. For example, if one child predeceases, their share goes to their heirs.
Next in line:
- Parents: Entire estate if no descendants.
- Siblings: Equal shares if no spouse, descendants, or parents; nieces/nephews by representation.
- Grandparents/Aunts/Uncles: Paternal/maternal sides equally, up to fourth degree.
No inheritance beyond fourth degree; remainder escheats to the state.
Defining Legal Heirs: Children and Descendants
New Hampshire recognizes children for intestacy if legally established:
- Marital presumption for children born during marriage.
- Paternity acknowledgment or court order for non-marital children.
- Adopted children inherit from adoptive parents; stepchildren do not unless adopted.
- Posthumous children qualify if born alive.
DNA evidence may support claims in disputes.
The Probate Process in Intestate Cases
Intestate estates require probate in the appropriate New Hampshire circuit court. An administrator (often the spouse or closest heir) petitions, inventories assets, pays debts/taxes, then distributes per statute. Process lasts 6-18 months; small estates (<$10,000 personalty, <$30,000 realty with affidavit) may voluntary administration.
Potential Challenges and Disputes
Intestate succession can spark conflicts over heirship, asset valuation, or administrator actions. Common issues include contested paternity, omitted heirs, or claims of undue influence (though rarer without a will). Mediation or litigation may ensue, prolonging settlement.
Strategies to Control Your Legacy
Intestate laws underscore will-making benefits:
- Wills: Specify exact distributions, guardians, executors.
- Trusts: Avoid probate, offer flexibility.
- Beneficiary Designations: Update on accounts/policies.
- Joint Ownership/TOD: Direct transfers.
Consult attorneys for tailored plans, especially blended families.
Frequently Asked Questions
Does a domestic partner inherit intestate in New Hampshire?
No, only legally married spouses qualify; unmarried partners receive nothing without a will.
What if all immediate family predecease me?
Estate goes to siblings, then extended kin up to fourth degree; otherwise, to the state.
Can half-siblings inherit?
Yes, equally with full siblings.
How does remarriage affect prior children’s shares?
New spouse gets statutory share; prior children still inherit remainder.
Is there an inheritance tax in New Hampshire?
No state inheritance or estate tax since 2005.
References
- Intestate Succession in New Hampshire — Nolo. 2023. https://www.nolo.com/legal-encyclopedia/intestate-succession-new-hampshire.html
- New Hampshire Revised Statutes Section 561:1 — New Hampshire General Court / Justia. 2025. https://law.justia.com/codes/new-hampshire/title-lvi/chapter-561/section-561-1/
- New Hampshire Inheritance Laws: What to Know — SmartAsset. Accessed 2026. https://smartasset.com/financial-advisor/new-hampshire-inheritance-laws
- What Happens When You Die Without a Will in New Hampshire? — Zuccaro Law. 2024-03-06. https://www.zuccarolaw.com/2024/03/06/what-happens-when-you-die-without-a-will-in-new-hampshire/
- Inheritance Rules (NH) — EstateExec. Accessed 2026. https://www.estateexec.com/Docs/Heirs/inheritance-rules/NH
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