Detailed Answer — How a will interacts with transfer-on-death (TOD) deeds and payable-on-death (POD) designations under New Hampshire law
Short answer: a will alone does not avoid probate. If your goal is to transfer specific assets to your daughter outside of probate, a transfer-on-death mechanism (for real estate, a beneficiary or TOD deed; for bank or investment accounts, a POD or beneficiary designation) or joint ownership with right of survivorship can accomplish that. A will controls only the distribution of probate assets — property titled in your name alone at death that has no beneficiary designation or survivorship feature will typically go through probate before your daughter receives it.
Why a will is not necessarily enough
A will becomes effective only after a court opens probate. Probate determines which assets are “probate assets,” pays debts and taxes, and supervises distribution according to the will. Probate can add time, expense, and public filings. If you want some assets to pass directly to your daughter without probate, you need a non-probate transfer method (for example, a POD for bank accounts or beneficiary designations for brokerage and retirement accounts).
Common non-probate transfer methods and how they differ from a will
- Payable-on-death (POD) / beneficiary designations: Bank accounts, certificates of deposit, and many brokerage or retirement accounts allow you to name a beneficiary. On your death, the account passes directly to that named person without probate.
- Joint ownership with right of survivorship: Property owned jointly with rights of survivorship passes automatically to the surviving owner. This avoids probate, but it also gives the co-owner control while you are alive.
- Transfer-on-death (TOD) or beneficiary deeds for real estate: Some states have a recorded deed form that names a beneficiary who receives title on your death, avoiding probate for that parcel. Whether this exact mechanism is available, and the exact form or recording steps, depends on New Hampshire law and local recording practice.
- Trusts: A living trust that owns assets during life lets the trustee transfer assets to beneficiaries at death without probate. Trusts require active funding and administration while you are alive.
What to check right now
- Inventory your assets and note how each is titled (sole ownership, joint with rights of survivorship, IRA/401(k) with beneficiary form, bank account with POD, real estate deed in your name alone).
- Check beneficiary designations on retirement plans, life insurance, and payable-on-death accounts. These override a will for those specific assets.
- Confirm whether New Hampshire provides a statutory TOD/beneficiary deed form or other non-probate deed options for real property with your county register of deeds or an attorney.
- Consider whether you want assets to transfer immediately on death or whether probate supervision is desirable (for creditor notice, contested claims, or to ensure debts are handled first).
Why you might add POD/TOD even if the will names your daughter
Reasons to add non-probate designations include:
- Avoiding probate time and cost for specific assets.
- Making the transfer private (probate is a public court process).
- Ensuring quick access to funds (e.g., bank account available to named beneficiary soon after death).
- Keeping small, simple transfers out of court for convenience.
Potential downsides and traps
- Beneficiary designations and TOD deeds can create unintended results if you forget to update them after life changes (marriage, divorce, new children, changed intentions).
- Creditors’ claims: Non-probate transfers generally pass outside probate, but they do not necessarily shield assets from certain creditor claims, estate tax, or nursing-home look-back rules.
- Conflicts between documents: A beneficiary designation or TOD instrument typically controls over a will for that asset. If a bank account names someone else, the will cannot override that.
- Title or mortgage complications: A TOD deed may not remove a mortgage or lien. A lender might have rights that survive the transfer.
How to set up POD/TOD and when to use a will instead
- For bank and brokerage accounts: contact the financial institution and complete their beneficiary (POD or TOD) form. Keep a copy with your estate documents.
- For retirement accounts and life insurance: confirm and, if needed, update beneficiary forms with the plan or insurer. These forms typically supersede a will.
- For real estate: check with the county register of deeds and/or an attorney about beneficiary deed (TOD deed) options in New Hampshire. If an applicable recorded deed form exists, have it prepared and recorded according to local rules.
- If you want more control (for example, staged distributions or management for a minor), consider a revocable living trust and transfer assets into it while you are alive. A will can be a back-up (pour-over will) that covers anything not in the trust.
- Review all documents after major life events and at least every few years.
New Hampshire resources
For general probate and court information in New Hampshire, see the New Hampshire Judicial Branch Probate Courts information: https://www.courts.state.nh.us/nhcourts/probate/index.htm
For New Hampshire statutes and to search state law: https://www.gencourt.state.nh.us/rsa/html/. If you need a statute or local recording rule about beneficiary deeds or account transfers, use the RSA search or contact your county register of deeds.
When to consult an attorney
Talk to an estate planning attorney in New Hampshire if you:
- Own real estate and want to know whether a TOD/beneficiary deed is available and appropriate.
- Have complex assets (business interests, out-of-state real estate, or retirement accounts).
- Are concerned about creditor, tax, or Medicaid planning issues.
- Want customized provisions (trusts, staged distributions, protections for a disabled or minor beneficiary).
Bottom line: If you want your daughter to receive certain assets quickly and without probate, use POD/TOD mechanisms or change the asset title where allowed. A will alone will not avoid probate for assets solely titled in your name. Review titles and beneficiary forms now, and consult an attorney or your local register of deeds to confirm the best approach for each asset.
Disclaimer: This information is educational only and is not legal advice. For advice about your specific situation, contact a licensed New Hampshire attorney.
Helpful Hints
- Make an asset list with title and beneficiary details — it clarifies what will pass by will and what will not.
- Check beneficiary forms on retirement and life insurance plans first; those usually control over a will.
- For bank accounts, a POD designation is usually a quick, low-cost way to avoid probate for small account balances.
- If you own real estate, contact your county register of deeds to learn whether New Hampshire offers a beneficiary/TOD deed and the exact recording steps.
- Keep copies of beneficiary forms, deeds, trust documents, and your will together and tell your daughter where to find them.
- Update beneficiary designations after major life events (marriage, divorce, births, deaths) — forgetting to update can defeat your will.
- Consider modest legal help to ensure proper wording and correct recording; mistakes in a deed or beneficiary form can cause big problems later.