Steps to update ownership records after a co-owner dies (New Hampshire)

Short answer: In New Hampshire, when a co-owner holding property as joint tenants with right of survivorship (or similar survivorship arrangement) dies, title typically vests automatically in the surviving owner(s). To show current ownership in the public records, you will usually record an affidavit (often called an “Affidavit of Death of Joint Tenant” or “Affidavit of Survivorship”) together with a certified copy of the decedent’s death certificate at the county Register of Deeds. If you want to change ownership (add or remove a person, transfer to an estate, or clear clouds on title), you will usually prepare and record a new deed (for example, a quitclaim or warranty deed), and in some situations probate may be required. This article explains the common steps in New Hampshire and points you to resources and statutes.

Detailed answer — what to do and why

Start by confirming how the property is owned. The language in the recorded deed controls whether survivorship applies.

1. Read the recorded deed that created the joint ownership

   Look at the deed currently recorded at the county Register of Deeds. Key phrases include “joint tenants with right of survivorship,” “with right of survivorship,” or “tenancy by the entirety” (the latter applies to married couples). If the deed clearly creates a survivorship interest, the surviving owner generally succeeds to full ownership automatically when the co-owner dies.

2. Obtain certified death certificate(s)

   Get an official (certified) copy of the decedent’s death certificate from the town/city or state vital records office. The Register of Deeds will require a certified death certificate to accept an affidavit of survivorship for recording.

3. Prepare an affidavit of survivorship or affidavit of death of joint tenant

   Many counties accept a short sworn affidavit signed and notarized by the surviving owner. The affidavit should identify the decedent, state the recorded deed (book/page or document number), state that the surviving owner(s) is/are entitled to the property by reason of survivorship, and attach the certified death certificate. Some counties provide a form or specific wording — contact the Register of Deeds for exact requirements.

4. Record the affidavit and death certificate at the county Register of Deeds

   Take or mail the signed, notarized affidavit plus the certified death certificate to the Register of Deeds in the county where the property is located. Pay the required recording fee. After recording, the land records will reflect the surviving owner(s) as the current owner(s).

5. Decide whether to re-deed the property

   Recording an affidavit only declares who already owns by operation of law. If you want to change ownership — for example, to add a spouse or child, to transfer the property to a trust, or to clear a title issue — you will prepare a new deed (quitclaim or warranty deed) signed by the current owner(s), have it notarized, and record it. If the property has a mortgage or other encumbrance, check lender requirements before transferring.

6. Check whether probate is necessary

   Survivorship typically avoids probate for the real estate itself. But if the decedent held other assets in their sole name, or if the ownership was unclear, probate administration or an ancillary estate proceeding may be required to resolve title, pay debts, or distribute assets. The New Hampshire Probate Division provides forms and local instructions: New Hampshire Judicial Branch — Probate.

7. Clear any clouds on title and consider title insurance

   If lenders, title companies, or buyers question whether title passed properly, you may need a court declaration, a supplemental deed, or a title company’s affidavit to clear the record. If you expect a sale, obtain a title search and, if appropriate, a new owner’s title insurance policy.

8. Notify related parties and update records

   After recording, notify the mortgage lender, homeowners insurer, town/city tax assessor, and utility companies as needed. Update bank accounts, beneficiary designations, and homeowner records to reduce future confusion.

Hypothetical example

Two siblings, Alice and Ben, held a vacation house as joint tenants with right of survivorship. When Alice died, Ben automatically owned the property outright. To update the public records Ben obtained Alice’s certified death certificate, signed a notarized “Affidavit of Death of Joint Tenant” describing the recorded deed book and page, attached the death certificate, and recorded the affidavit at the county Register of Deeds. The Register recorded the affidavit and Ben obtained a stamped copy showing he is the sole owner. Later Ben executed and recorded a new warranty deed transferring the property into his name and into a trust for estate planning.

Relevant New Hampshire resources and statutes

• New Hampshire statutes and the Revised Statutes Annotated (RSA) — complete index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html
• New Hampshire Judicial Branch — Probate Division (forms and probate procedures): https://www.courts.state.nh.us/probate/
• County Register of Deeds offices (recording rules, fees, local forms): search your county at the NH Association of Counties or your county government website; the Register of Deeds office will confirm exact recording requirements and fees.

Note: specific recording procedures and required forms vary by county. If you intend to record a new deed or need to resolve a disputed chain of title, a New Hampshire real estate attorney can review your deed, prepare the necessary documents, and advise whether a probate or court action is needed.

Helpful hints

• Confirm the language in the recorded deed: survivorship language is key.
• Get multiple certified death certificates — registers and other agencies often require originals.
• Call the county Register of Deeds before you go: ask about required forms, fees, and whether they have a preferred affidavit template.
• If you plan to change ownership (not just show survivorship), prepare a new deed and have it professionally drafted or reviewed.
• Check for mortgages or liens before transferring title; lenders may have requirements.
• Consider a title search or title insurance if you plan to sell or refinance.
• If ownership is unclear or there is a dispute among heirs, consult the Probate Division or a New Hampshire attorney promptly.
• Updating tax and insurance records after recording avoids surprises and possible penalties.

Disclaimer: This information is educational and is not legal advice. It summarizes common steps under New Hampshire practice but does not address every situation. For advice about your specific circumstances, contact a licensed New Hampshire attorney or the county Register of Deeds.