What Happens to Jointly Held Bank Accounts and Property When Someone Dies Without a Will in New Hampshire?

Short answer: In New Hampshire, how jointly held bank accounts and property pass at death depends on how title was held. Accounts and real estate titled with a right of survivorship (including tenancy by the entirety for married couples) typically pass automatically to the surviving owner and do not go through probate. Property held as tenants in common or solely in the decedent’s name generally becomes part of the decedent’s estate and is distributed under New Hampshire’s intestacy rules unless there is a named beneficiary or a transfer-on-death designation.

Detailed Answer — How New Hampshire law treats jointly held accounts and property

1. Types of ownership matter

The key issue is the type of legal title at the time of death. Common forms of co-ownership include:

• Joint tenancy with right of survivorship — When property (bank account or real estate) is owned as joint tenants with right of survivorship, the surviving joint owner(s) automatically become sole owner(s) at death. This transfer occurs outside probate.
• Tenancy by the entirety — This is a form of ownership available only to married couples (or civil-union/domestic partnership equivalents where recognized). In New Hampshire, tenancy by the entirety includes a survivorship feature: when one spouse dies, the survivor generally owns the asset entirely and probate is not required for that asset.
• Tenancy in common — Each owner holds a distinct share. If one co-owner dies, that owner’s share does not automatically go to the surviving co-owner(s). Instead, the decedent’s share passes under the decedent’s will or, if there is no will, under New Hampshire’s intestacy rules (probate required for the decedent’s share).
• Sole ownership — Property titled only in the decedent’s name becomes part of the probate estate and is distributed according to the will, or according to intestacy if there is no will.

2. Bank accounts and payable-on-death (POD) / transfer-on-death (TOD) designations

Many bank accounts are titled with beneficiary designations such as POD (payable on death) or TOD. These designations override a will and generally transfer the funds directly to the named beneficiary at death without probate. If an account is a joint account without an express survivorship agreement, banks often treat the surviving named co-owner as the owner of funds, but state property rules can affect ownership of any portion attributable solely to the decedent. Banks typically require a certified copy of the death certificate and internal forms before releasing funds.

3. Real estate transfers

If real property is held as joint tenants with right of survivorship or as tenants by the entirety, the surviving owner(s) typically take full title automatically. If the property is held as tenants in common or solely by the decedent, the decedent’s interest goes through probate and is distributed according to New Hampshire intestacy laws (closest relatives such as spouse, children, parents, siblings, etc.). If the deed includes a survivorship clause or a transfer-on-death deed (if allowed), that will control transfer outside probate.

4. What “dying without a will” (intestacy) means in practice

If the decedent left no valid will, any property that does not pass automatically by survivorship, beneficiary designation, or nonprobate transfer becomes part of the probate estate. New Hampshire’s intestacy rules determine who inherits. Intestacy follows a priority order (for example, spouse and children, spouse alone, children alone, parents, siblings, more distant relatives), so the estate is distributed to the decedent’s closest living relatives under that hierarchy.

5. Small estates and simplified procedures

New Hampshire may offer simplified or expedited probate procedures for small estates, which can make transferring certain assets easier and less costly. Whether a small estate procedure applies depends on the total value of the estate and specific statutory thresholds or rules used by the probate court.

6. Practical bank and title steps after death

• Gather the death certificate (several certified copies will be needed).
• Locate account statements, deeds, beneficiary designations, and any titling documents.
• Contact the bank or financial institution and the county registry of deeds to learn what paperwork they require to transfer title or release funds.
• If property must go through probate, file the necessary papers with the New Hampshire Probate Court where the decedent lived.

7. Conflicts between account title and intent

A joint account’s titling can create legal presumptions about ownership. If there is a dispute (for example, someone claims funds were only meant to be held temporarily in a joint account), beneficiaries or heirs may challenge ownership through probate or civil proceedings. Courts will examine documents and surrounding facts to decide whether the joint title actually conveyed a survivorship interest or whether the decedent retained an interest that should pass under intestacy.

Where to look in New Hampshire law and judicial resources

For official New Hampshire probate and estate information, the New Hampshire Judicial Branch Probate Division is the best starting place:

• New Hampshire Probate Courts and estate administration: https://www.courts.state.nh.us/probate/
• New Hampshire Revised Statutes (general access to statutes): https://www.gencourt.state.nh.us/rsa/html/indexes/default.html

Helpful Hints

• Document search: Look for deeds, account statements, beneficiary forms, and titles to determine how assets are held.
• Get certified death certificates early — banks and the registry of deeds usually require them.
• Don’t move or spend funds from accounts until you understand the legal ownership — doing so can create disputes or legal exposure.
• Ask the bank whether an account is treated as survivorship, POD/TOD, or as part of the decedent’s estate. Get answers in writing if possible.
• If you suspect a joint account was created for convenience (not to transfer ownership), consult the probate court or an attorney about challenging title.
• Check for beneficiary designations on retirement plans, life insurance, and transfer-on-death registrations — these override wills and intestacy for those assets.
• If the estate seems small, ask the probate court about simplified or small‑estate procedures to avoid full probate.
• When in doubt, consult a New Hampshire probate or estate attorney to review documents and explain next steps for title transfer, probate filings, or disputes.

Disclaimer: This information is educational only and is not legal advice. It is not a substitute for advice from a licensed attorney who can evaluate your specific situation under New Hampshire law.