Title LVI, Probate Courts and Decedents' Estates

If, at the time of the death of either husband or wife, the decedent was justifiably living apart from the surviving husband or wife because such survivor was or had been guilty of conduct which constitutes cause for divorce, such guilty survivor shall not be entitled to any inte…

The widow may remain in the house of her husband forty days next after his death without being chargeable with rent therefor, and in the meantime shall have her reasonable sustenance out of the estate; and the same shall be taken into consideration by the judge in the allowance h…

Any wages, salaries or commissions of a deceased person not exceeding five hundred dollars due from any employer shall be paid to the surviving spouse of the deceased employee without the necessity of administration of his estate. Provided, however, that the surviving spouse shal…

An employer making payment in accordance with RSA 560:20 shall not be liable for the sum so paid to the estate of the deceased employee.

Where there is no estate administration, the surviving spouse or next of kin of the deceased may obtain the medical records of the deceased as provided in RSA 332-I:13.

I. Neither husband or wife, widower or widow, shall be vested with either choate or inchoate right of curtesy or dower in the real estate of his or her spouse. II, III. [Repealed.]

The real estate and personal estate of every person deceased, not devised or bequeathed, subject to any homestead right, and liable to be sold by license from the court of probate in cases provided by law, and personally remaining in the hands of the administrator on settlement o…

I. Whenever, upon a decree of distribution or the settlement of the account of an administrator, executor or trustee, there shall be in his or her hands any sum of money in excess of $5,000 belonging to any heir, legatee, beneficiary, creditor, or other person whose place of resi…

The state treasurer is authorized to receive all sums so paid over to him, and to give receipt therefor in behalf of the state.

When it appears that a legatee, distributee, cestui or beneficiary not residing within the territorial limits of the United States of America or any territorial possession thereof would not have the benefit or use or control of property due him and that special circumstances make…

I. If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if: (a) The decedent dec…

The estate, real and personal, not specifically devised or bequeathed, shall be first liable to the payment of the legal charges against the estate and legacies given by the will, and to be applied to make up the share of any child born after the decease of the testator, or of an…

If the same is not sufficient, the property devised and bequeathed shall be liable therefor, and the judge may settle and adjust, by his decree, the amount of such liabilities, so that each devisee and legatee shall contribute in just proportion thereto. Such liabilities may be t…

Every administrator, upon the payment of a legacy or distributive share of an estate, shall take a receipt and discharge therefor, and shall file the same in the probate office, to be there recorded and preserved; the time of filing shall be certified upon it by the clerk.

If any person die under age and unmarried his estate, derived by descent or devise from his father or mother, shall descend to his brothers and sisters, or their legal representatives if any, to the exclusion of the other parent.

Whenever any minor whose estate is not under legal guardianship shall be entitled to receive from any administrator, executor, trustee, or third party payor, any distribution of personal property by will or intestate succession, or distribution of any other property interest, the…

The judge of probate, upon complaint of a surety or his legal representative, may cite an administrator to file his receipt or discharge in the probate office. If the administrator neglects or refuses so to do he shall forfeit twenty dollars, and the like sum for every thirty day…

I. A child born of unwed parents shall inherit from or through his mother as if born in lawful wedlock. The estate of a person born of unwed parents dying intestate and leaving no issue, nor husband, nor wife shall descend to the mother, and, if the mother is dead, through the li…

The personal estate bequeathed by a testator shall be distributed by decree of the judge according to the will.

The personal estate of a person deceased which was not bequeathed or included in a bequest and which remains in the hands of the executor or administrator upon settlement of an account of such fiduciary shall be distributed according to law by decree of the judge. Upon the applic…

If no heir or legatee be ascertained at the expiration of three years from the original grant of administration, the judge shall order the administrator to pay the balance into the state treasury, where it shall be subject to the claims of persons entitled thereto, upon applicati…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. I. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument. I-a…

An individual who murders the decedent forfeits all benefits under this title with respect to the decedent's estate. If the decedent died intestate, the decedent's intestate estate passes as if the killer predeceased the decedent.

The murder of the decedent: I. Revokes any revocable: (a) Disposition or appointment of property made by the decedent to the killer in a governing instrument; (b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and (c) No…

I. A severance under RSA 562-A:3, II does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in re…

I. Upon entry of a final criminal conviction, a judgment of conviction establishing criminal responsibility for commission of the murder of the decedent conclusively establishes the convicted individual as the decedent's killer for purposes of this chapter. II. As an alternative …

I. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a murder or for having taken any other action if that payment, transfer, or other acti…

I. A person who purchases property for value and without notice, or who receives a payment, an item of property or any other benefit in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of propert…

Notwithstanding any other provision of law to the contrary, a forfeiture arising under this chapter may be determined at any time prior to the closure of the decedent's estate by the probate court. This chapter shall be construed to apply to all estates that have not been closed …

Nothing in this chapter shall be construed to limit the ability of the state of New Hampshire to take any action or utilize any process to enforce the criminal laws of this state. A final decision on the merits rendered by a court in a civil proceeding brought by a private person…

This act shall be known as the uniform transfer on death (TOD) security registration act.

This chapter may be cited as the Uniform Real Property Transfer on Death Act.

I. A will may validly devise or bequeath property to the trustee of a trust established or to be established: (a) During the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, al…

This chapter may be cited as the "Uniform Disclaimer of Property Interests Act."

As used in this chapter, unless the context otherwise requires: I. "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property…

I. A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this chapter and is not testamentary. II. This chapter does not limit the rights of creditor…

(a) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If a fiduciary disclaims a power held in a fiduciary capacity which has been exerc…

If any provision of this chapter or its application to any persons or circumstance is held invalid, the validity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions …

A transfer on death deed is effective without: I. Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or II. Consideration.

(a) In this section, "beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of: (1) An annuity or insurance policy; (2) An account with a designation for payment on death; (3) A security registered in beneficiary form; (4)…

I. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests (i) for registrations in beneficiary form, and (ii) for implementation of registrations in beneficiary form, including requests…

I. An act done before the effective date of this chapter in any proceeding, and any right accrued before the effective date of this chapter shall not be impaired by this chapter. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time th…

I. (a) Subject to subparagraph (b), an instrument executed with the formalities of a deed pursuant to RSA 477:3 is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument: (1) Is one of the following: (A) A transfer on death deed that revo…

(a) A disclaimer is barred by a written waiver of the right to disclaim. (b) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: (1) The disclaimant accepts the interest sought to be disclaimed; (2) The d…

This chapter applies to registrations of securities in beneficiary form made before or after January 1, 1998, by decedents dying on or after January 1, 1998.