New Hampshire: Steps to File and Record a Deed After a Spouse’s Death

Disclaimer: This is general information and not legal advice. Laws and local recording requirements change. Consult a licensed New Hampshire attorney or your county Register of Deeds for specific legal assistance.

Detailed answer — how title can pass and practical steps to record a new deed

When someone dies, the method you must use to transfer real estate to a child depends on how title was held while the decedent was alive and whether a valid will or probate administration applies. Below are the typical pathways under New Hampshire practice and the steps you will likely need to follow.

1) Identify how the property was titled

Start by pulling the current deed from the county Register of Deeds. The names and wording on that deed determine the next steps:

• Tenants by the entirety or joint tenants with right of survivorship: If the property was owned with the surviving spouse as a joint owner with right of survivorship (or as tenants by the entirety for married couples), ownership usually passes automatically to the survivor when the other spouse dies. In that case you typically record a certified death certificate and an appropriate affidavit or form showing the surviving owner, so the public record reflects the change of ownership.
• Tenants in common or sole ownership (decedent only): If the decedent held title alone or as a tenant in common without survivorship language, the property does not automatically pass to the survivor or child. Title passes according to the decedent’s will or, if there is no will, by intestate succession through probate. A personal representative or administrator will normally need authority from the probate court to convey title.
• Will or transfer-on-death instruments: If a transfer-on-death deed, beneficiary deed, or a will names the child as beneficiary, follow the steps required by that document and by probate (if a will requires probate) to make the transfer effective and recordable.

2) Obtain a certified death certificate

Order one or more certified death certificates from New Hampshire’s vital records so you can present them to the Register of Deeds and other agencies. Each county office will want an official certified copy rather than a photocopy. New Hampshire Vital Records information: https://www.dhhs.nh.gov/programs-services/vital-records

3) If survivorship applies: record proof of death and an affidavit

If the surviving spouse (or other surviving joint owner) obtains title by survivorship, the usual steps are:

1. Prepare an affidavit or an office form (some Registers of Deeds provide sample forms) stating the deceased party’s name, date of death, and that title passed to the survivor by operation of law.
2. Attach a certified copy of the death certificate to that affidavit.
3. Record the affidavit and death certificate at the county Register of Deeds where the property is located so the deed index shows current ownership.

Call the county Register of Deeds first to confirm the exact form they accept and the recording fee. If the survivor’s name on the record needs to change (for example, name differences), the Register will advise what proof they require.

4) If the decedent held title alone: open probate or use a simplified procedure if available

When the decedent owned the property solely, transfer generally requires probate administration before a deed can be signed and recorded by the person who has legal authority (the personal representative or administrator).

• If there is a will, the named executor should file it in the probate court and seek appointment (letters testamentary). The probate court’s order and letters give authority to sell or transfer property and to sign deeds on behalf of the estate.
• If there is no will, someone must be appointed by the probate court as administrator (letters of administration). That administrator can then sign a deed transferring the property to beneficiaries.
• Some jurisdictions have small-estate procedures that allow a simplified transfer when the estate falls below a statutory threshold. Check the New Hampshire probate court rules and speak with the probate clerk about expedited or simplified procedures. NH Probate information: https://www.courts.state.nh.us/probate/

5) Prepare and execute the deed

Once the person with legal authority is identified (surviving owner, executor, administrator), prepare a deed transferring title to the child. Typical points:

• Choose an appropriate deed form (warranty deed, quitclaim deed, etc.). An attorney or title company can advise which deed is appropriate for your circumstances.
• The deed must be signed by the lawful grantor (survivor or personal representative) and acknowledged before a notary as required for recordation.
• If a personal representative signs, include a certified copy of the probate appointment letters or court order authorizing the conveyance. The Register of Deeds generally requires that documentation.

6) Record the deed with the county Register of Deeds

Take (or mail) the signed, notarized deed plus any required supporting documents (certified death certificate, probate letters, court order) to the county Register of Deeds where the land is located. The Register will record the deed, assign a book/page or document number, and collect recording fees. Each county may have slightly different requirements and fee schedules; contact them in advance.

7) After recording — update related records

• Update the county property tax assessor’s records so the child is shown as the owner for tax billing.
• Notify or update title insurance and mortgage holders (if there is a mortgage, the lender’s lien survives death unless satisfied).
• Obtain an updated title search or title insurance if you plan to sell or refinance.

Practical examples

Example A — Joint tenancy: Wife and husband held property as joint tenants with right of survivorship. After the wife dies, the husband obtains a certified death certificate and records an affidavit of survivorship plus the death certificate at the Register of Deeds to show he is now sole owner. He can then sign a deed transferring the property to his child if he wishes.

Example B — Sole ownership by deceased spouse: The decedent owned the property alone and left no survivorship language. A personal representative is appointed by probate. After appointment, the representative signs a deed conveying the property to the child, and records that deed together with certified letters and the death certificate.

When in doubt about title language, probate steps, or form wording, contact the probate court or a New Hampshire attorney. The probate clerk can explain local practice; an attorney or title company can prepare proper deed language and check for liens or mortgages before recording.

NH statutes and courts: For general statute access see the New Hampshire Revised Statutes Annotated online: https://www.gencourt.state.nh.us/rsa/html/ and for probate court information see the New Hampshire Judicial Branch Probate section: https://www.courts.state.nh.us/probate/.

Helpful Hints

• Start by pulling the recorded deed at the county Register of Deeds — the wording controls how title passes.
• Order several certified death certificates early. Registers and other agencies often require originals.
• Call the county Register of Deeds before you go. Ask what forms, attachments, and fees they require for recording a deed after death.
• If a mortgage exists, contact the lender — unpaid liens must be addressed even if ownership passes by survivorship.
• Consider a title search or contacting a title company before recording a new deed to discover hidden liens or issues.
• If the estate is small, ask the probate clerk about streamlined procedures for transfer of real property.
• Use a licensed New Hampshire attorney for complex situations (contested wills, unclear title, claims by creditors, or when transferring to minor beneficiaries).