Estate planning rules in New Hampshire
Key takeaway
New Hampshire estate planning includes will witnessing, intestate inheritance, estate administration, powers of attorney, revocable trusts and guardianship. For owners of businesses, real estate and private investments, their spouses and adult children, the rules address inheritance shares, authority over property, signatures on documents and court involvement in estate administration and guardianship.
Will witnesses and intestate inheritance
New Hampshire recognizes a witness as present with the testator through an electronic device when everyone can communicate simultaneously by sight and sound while signing. New Hampshire's electronic presence provision includes a notarial officer who is the drafting attorney, a supervised attorney or a supervised paralegal.
New Hampshire's surviving-spouse intestacy share is the first $250,000 plus half the balance when all the decedent's issue are also the spouse's issue and the spouse has no other issue, or the first $100,000 plus half the balance if any of the decedent's issue are not the surviving spouse's issue.
New Hampshire relatives of the fifth degree of kinship or more remote receive nothing from an intestate estate.
Estate administration
New Hampshire provides an estate administration waiver under which no inventory, bond or accounting is necessary in specified circumstances. New Hampshire includes within the waiver a decedent who dies with a will whose sole named beneficiary is appointed administrator.
New Hampshire administration under the waiver is completed after the administrator files an affidavit and the probate court approves the affidavit, subject to the filing window.
Powers of attorney and revocable trusts
New Hampshire conditions an agent's authority to revoke or amend a settlor's revocable trust, or distribute from the trust, on express authorization in the trust terms and the power of attorney.
New Hampshire conditions a conservator's or guardian's exercise of a settlor's revocation, amendment or distribution powers over a revocable trust on approval of the supervising court.
New Hampshire provides for a power of attorney to convey real estate to be signed by the principal or by a directed individual in the principal's conscious presence. New Hampshire also provides for acknowledgment before a notary or other authorized officer.
New Hampshire presumes a signature on a power of attorney genuine if the principal acknowledges the signature before a notary public or other authorized individual.
Guardianship
New Hampshire courts may appoint a guardian of the person and estate, or either, after finding in the record beyond a reasonable doubt that statutory conditions are met.
New Hampshire provides that a person determined incapacitated and requiring a guardian retains legal rights, including marriage, obtaining a driver's license, making a will and giving testimony.
Thresholds and rates change. Check the state's own current figures.
Common questions
How does New Hampshire treat distributions made without knowledge of a trust amendment?
New Hampshire's trust code imposes no liability to the settlor or successors on a trustee who does not know a trust was revoked or amended and makes distributions assuming the trust was unchanged.
Does New Hampshire allow a voluntary application for a conservator?
New Hampshire allows a person who deems themselves unfit to manage their property because of mental or physical disability to apply voluntarily to the probate court for a conservator.