NH risk area
Complexity triggers in New Hampshire
Scenarios that increase estate risk, such as blended families or multi-state property.
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.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in New Hampshire
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://gc.nh.gov/rsa/html/LVI/560/560-10.htm
- https://law.justia.com/codes/new-hampshire/title-lvi/chapter-560/section-560-1/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in New Hampshire.