NH risk area
Intestacy risk in New Hampshire
How assets are distributed when there is no will and state default rules control the outcome.
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.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- 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.
- If the spouse has other issue or any decedent's issue is not the spouse's, the spouse receives the first $150,000 or $100,000 (depending on the mix) plus one-half of the balance.
Questions to consider
Questions this risk area helps you evaluate in New Hampshire
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
- If the spouse has other issue or any decedent's issue is not the spouse's, the spouse receives the first $150,000 or $100,000 (depending on the mix) plus one-half of the balance.
- Any remaining estate passes to descendants, then parents, then siblings and more remote relatives in statutory order.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://gc.nh.gov/rsa/html/lvi/561/561-1.htm
- https://www.gencourt.state.nh.us/rsa/html/lvi/561/561-1.htm
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in New Hampshire.