Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
Intestacy Overview in New Hampshire
New Hampshire’s intestate succession rules apply when someone dies without a valid will. Under NH RSA 551, the court distributes both real and personal property to surviving relatives in a set order.
Spouse Only
If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate. See NH RSA 551:1 (real estate) and NH RSA 551:2 (personal estate).
Spouse and Descendants
If all children descend from the surviving spouse, the spouse still takes the entire estate. If any child comes from a different relationship, the spouse receives the first $100,000 of the personal estate plus one half of the remaining personal assets; the other half passes to the decedent’s descendants. The real estate divides equally between spouse and descendants. See NH RSA 551:3.
Descendants Only
When no spouse survives but descendants remain, they inherit equally. If a child predeceases the decedent with surviving children, those grandchildren inherit their parent’s share by representation. See NH RSA 551:1.
No Spouse or Descendants
The estate then passes to the decedent’s parents in equal shares. If no parent survives, siblings (and their descendants by representation) inherit equally. If siblings have died leaving no descendants, the court looks to grandparents, aunts, uncles, and more remote kin in turn. If no heirs qualify, the estate escheats to the state. See NH RSA 551:4 and NH RSA 551:5.
Helpful Hints
- Contact the probate court in the county where the decedent lived to open an intestacy proceeding.
- Gather birth certificates, marriage licenses, and other documents to prove relationships.
- Distinguish between real property (land, homes) and personal property (bank accounts, vehicles).
- Notify potential heirs promptly to minimize disputes and delays.
- Consider consulting an estate planning attorney to clarify rights and obligations.
- Watch for creditor claims against the estate before distribution.
- Keep organized records of inventory, appraisals, and court filings throughout the process.