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How Assets Transfer After Death in New Hampshire

Not everything the deceased owned has to go through the Circuit Court, Probate Division. Working out which assets move on their own saves months and several hundred dollars in filing fees.

The question is always the same: did this asset already have a way to pass to somebody, either by survivorship, by a beneficiary designation, or by a recorded transfer on death deed?

Transfers Automatically (No Probate)

These assets carry their own instruction for who takes them, so no court appointment is needed.

Requires an Estate to Be Opened

Anything titled in the deceased's name alone with no beneficiary and no survivorship needs a court-appointed administrator to move it. New Hampshire has no affidavit shortcut.

Special New Hampshire Rules

New Hampshire's simplified routes are qualified by relationship and consent rather than by estate value, and its protections for a surviving spouse work differently from the Uniform Probate Code allowances used in most neighbouring states.

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Pro Tips

  • -Check every account for a payable on death beneficiary before assuming it needs probate
  • -Notify the bank promptly so automatic payments and cards can be stopped
  • -Do not close a joint account immediately; the last utility and funeral bills may still clear through it
  • -Open a separate estate account as soon as you are appointed, and never mix estate money with your own

Frequently Asked Questions

What is the difference between probate and non-probate assets?
Probate assets are owned solely by the deceased with no designated beneficiary, requiring court supervision to transfer. Non-probate assets have built-in transfer mechanisms like beneficiary designations, joint ownership, or trust ownership.
What assets avoid probate in New Hampshire?
Assets that typically avoid probate include: life insurance with named beneficiaries, retirement accounts (401k, IRA) with beneficiaries, jointly owned property with right of survivorship, TOD (Transfer on Death) accounts, POD (Payable on Death) accounts, and assets held in a living trust.
What is a TOD or POD designation?
TOD (Transfer on Death) and POD (Payable on Death) are beneficiary designations that allow assets to pass directly to a named beneficiary upon death, bypassing probate.
Does joint ownership avoid probate?
Only joint ownership with "right of survivorship" avoids probate. This includes joint tenancy with right of survivorship and tenancy by the entireties (for married couples in some states).
SourcesOfficial references used for this page
  • New Hampshire Revised Statutes Annotated, Title LVI (gc.nh.gov)
  • New Hampshire Revised Statutes Annotated, Title XLVIII, Conveyances and Mortgages of Realty
  • New Hampshire Revised Statutes Annotated, Title XLIX, Homesteads
  • New Hampshire Revised Statutes Annotated, Title XXI, Motor Vehicles
  • New Hampshire Division of Motor Vehicles (dmv.nh.gov)
  • New Hampshire Judicial Branch, Circuit Court Probate Division (courts.nh.gov)

Information current as of April 11, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Hampshire can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

More New Hampshire Resources

Explore the rest of the New Hampshire probate hub.

Do I need probate?4 pages
Costs and money5 pages
File for probate2 pages
Transfer assets3 pages
Learn and reference5 pages