NH estate risks
New Hampshire estate risks
These pages explain how default state rules in New Hampshire shape inheritance, probate, guardianship, taxes, and complexity. Start with the topic that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
New Hampshire intestacy gives the surviving spouse a dollar amount plus a fraction in many cases, with the remainder passing to descendants or other relatives by statute.
- If there is no surviving issue or parent, the spouse inherits the entire estate.
- If all surviving issue are also the spouse's and the spouse has no other issue, the spouse receives the first $250,000 plus one-half of the balance.
- If there are no surviving issue but a parent survives, the spouse receives the first $250,000 plus three-fourths of the balance.
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Probate risk
New Hampshire allows waiver of administration in specified cases and permits summary administration to close an estate after a waiting period.
- Waiver of administration applies when a sole heir or all heirs/beneficiaries are serving or have assented, removing inventory, bond, and accounting requirements.
- An affidavit of administration is filed no less than 6 months and no more than 1 year after appointment in waiver cases.
- Summary administration may be requested to close an estate at least 6 months after appointment.
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Tax exposure
New Hampshire does not impose a state estate tax or inheritance tax.
- No New Hampshire estate tax.
- No New Hampshire inheritance tax.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
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Guardianship risk
New Hampshire allows parents and other interested persons to petition for guardianship, and minors 14 or older may petition, with appointments based on the minor's best interests.
- A parent may nominate a guardian in a will or by petition, subject to court approval.
- A minor age 14 or older may petition for appointment of a guardian.
- The petition must state that the appointment is in the minor's best interests.
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Complexity triggers
New Hampshire lets a surviving spouse waive the will for a statutory share and permits the court to grant a support allowance from the personal estate.
- A surviving spouse can waive the will and claim a statutory share of real and personal property under RSA 560:10.
- The probate court may award a reasonable allowance for the spouse’s present support from the personal estate.
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Decision checkpoints
When families usually prioritize each topic
- New child or dependent: review guardianship and beneficiary designations first.
- Second marriage or blended family: focus on intestacy and complexity triggers.
- Higher asset growth: review probate exposure and tax thresholds.
- Out-of-state property: check complexity and multi-jurisdiction process risk.
Records that matter
Documents that often drive outcomes
- Current will or trust documents, including any amendments.
- Beneficiary designations for retirement accounts and life insurance.
- Property deeds and how each property is titled.
- Guardianship nominations and emergency contact instructions.
- Recent account statements and debt records.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for New Hampshire
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for New Hampshire
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.