Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Automatic Transfer of Real Property at Death
New Hampshire law allows certain property interests to pass outside probate. Common methods include:
- Joint Tenancy: When two or more people own property with rights of survivorship, the surviving owner automatically receives full title without probate.
- Tenancy by the Entirety: Married couples can hold land as tenants by the entirety. On one spouse’s death, the survivor becomes sole owner immediately.
- Transfer on Death Deed (TODD): Under the New Hampshire Transfer on Death Deed Act (RSA 556-C:1), an owner records a deed naming a beneficiary. The transfer takes effect automatically upon death per RSA 556-C:7, avoiding probate for that parcel.
2. Probate and Estate Administration
Probate is the court process that validates a will and distributes assets not passing automatically. The New Hampshire Probate Court handles this under RSA 547:2. You must probate when:
- The decedent owned property solely in their name without a joint owner or TOD deed.
- The estate includes bank accounts, investments or personal property without payable-on-death or transfer-on-death designations.
- The will names an executor who needs court approval to collect assets, pay debts, and distribute inheritances.
Probate ensures clear title to real estate and protects beneficiaries by resolving creditor claims and enforcing the decedent’s instructions. Without probate, successors lack legal authority to sell or transfer property held only in the decedent’s name.
Helpful Hints
- Review deeds and account titles for survivorship or beneficiary designations.
- Consider recording a Transfer on Death Deed to avoid probate for real estate.
- File the will promptly in the county Probate Court after death to meet statutory deadlines.
- Work with a probate attorney to handle court filings, creditor notices, and tax issues efficiently.
- Maintain an up-to-date list of assets and deeds in a secure location to streamline estate administration.