Title LVI, Probate Courts and Decedents' Estates

I. Except as otherwise provided in the transfer on death deed, in this section, or in RSA 563-D:14, upon the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death: (a) Subject to subpara…

A beneficiary designated in a transfer on death deed shall be deemed to have predeceased the transferor under the following circumstances: I. The divorce or annulment of the marriage between the transferor and such designated beneficiary, so long as the divorce or annulment has t…

A beneficiary may disclaim all or part of the beneficiary's interest as provided by RSA 563-B.

I. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed. II. If more than one property is transferred b…

I. A transfer on death deed or a revocation of a transfer on death deed is deemed to be valid if it was created or revoked in accordance with this chapter. II. An action to contest the validity of a transfer on death deed or a revocation of a transfer on death deed must be commen…

I. The duly appointed conservator or guardian of the owner of the property may neither execute nor revoke a transfer on death deed unless expressly authorized to do so by court order. II. Unless the power of attorney otherwise provides, an express grant of authority to create or …

The following form may be used to create a transfer on death deed. The other sections of this chapter govern the effect of this or any other instrument used to create a transfer on death deed. NOTICE: This deed must be recorded by the earlier of 60 days from date of execution or …

In this chapter: I. "Beneficiary" means a person that receives property under a transfer on death deed. II. "Designated beneficiary" means a person designated to receive property in a transfer on death deed. III. "Joint owner" means an individual who owns property concurrently wi…

The following form may be used to create an instrument of revocation under this chapter. The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed. NOTICE: This revocation must be recorded by the earlier of 60 day…

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…

Beneficiaries who receive real property under a transfer on death deed shall file, within 60 days following the death of the transferor, a notice of death affidavit for recording at the registry of deeds in the county where the real property is located. The notice of death affida…

This chapter applies to a transfer on death deed made on or after the effective date of this chapter by a transferor dying on or after the effective date of this chapter.

This chapter does not affect any method of transferring property otherwise permitted under the law of this state.

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. Notwithstanding the foregoing, this act shall not preclude legal or equitable relief in the event the transferor repudiates a promise not to revoke a transfer on death deed…

A transfer on death deed is nontestamentary.

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will, as such standard is articulated in RSA 551:1.

A transfer on death deed is void unless it: I. Meets the requirements set forth in RSA 477:3; II. Bears the title 'Transfer on Death Deed'; III. States that the transfer to the designated beneficiary is to occur at the transferor's death; and IV. Is recorded: (a) Prior to the tra…