Title LVI, Probate Courts and Decedents' Estates

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. Except as otherwise provided in Article 11(g)(2), failure to …

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

Except as otherwise provided in Article 12, an interest in or power over property existing on the effective date of this chapter as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after the effective d…

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…

(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.

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…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

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…

In this chapter: I. "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. II. "Person" means an individual,…

This chapter applies to disclaimers of any interest in or power over property, whenever created.

This chapter shall apply to a will of a testator who dies after January 1, 1997.

Except as provided in RSA 563:6, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or family allowance depends upon an individual's survivorship of the death of another individual, an indi…

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.

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by 2 or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in benef…

For purpose of this chapter, the following definitions shall apply: (a) "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. (b) "Disclaimed interest" means the interest that would have passed to the disclaimant…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

Except as provided in RSA 563:6, for purposes of a provision of a governing instrument that relates to an individual surviving an event, including the death of another individual, an individual who is not established, by clear and convincing evidence, to have survived the event b…

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

A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state of organization of the issuer or registering entity, the location of the registering entity's principal office, the office of its transfer agent or its office maki…

(a) Power to Disclaim. (1) A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a re…

This act may be cited as the Uniform Testamentary Additions to Trusts Act.

Except as provided in RSA 563:6, if: I. It is not established by clear and convincing evidence that one of 2 co-owners with right of survivorship survived the other co-owner by 120 hours, 1/2 of the property passes as if one had survived by 120 hours and 1/2 as if the other had s…

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

A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.

(a) In this section: (1) "Future interest" means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. (2) "Time of distribution" means the time when a disclaimed interest would have taken effect in possession or enjoyment. (b) …

In addition to otherwise applicable rules of evidence, the following rules relating to a determination of death and status apply: I. Death occurs when an individual is determined to be dead under RSA 141-D:2. II. A certified or authenticated copy of a death certificate purporting…

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…

Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.

(a) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or part, the greater of: (1) A fractional share of the property determined by dividing the number one by the number of joint holders alive immediately before the death of the holder…

Survival by 120 hours is not required if: I. The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case; II. The governing instrument expressly indicates that an i…

A transfer on death deed is nontestamentary.

The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be cancelled or changed at any time by the sole owner or all then surviving owners without the conse…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

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 person designated in a governing instrument who, under this chapter, is not entitled to the payment or item of property, or for having taken any ot…

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.

On a death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the r…

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (a) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (b) If the hol…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

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…

I. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given …

(a) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (b) A disclaimer of an interest in property by an object or taker in default of an exercis…