If you die without a will in New Hampshire, state intestacy law decides who gets your property, not you. Under N.H. Rev. Stat. Ann. § 561:1, your spouse and children split the estate according to a fixed formula, and if you have no spouse or children, it passes to more distant relatives in a set order that ignores stepchildren, unmarried partners, and close friends entirely.
Key Takeaways
- Your assets pass under a fixed statutory formula, not your personal wishes, favorite charity, or unmarried partner.
- The exact split depends on who survives you: a spouse, children, or more distant relatives, under N.H. Rev. Stat. Ann. § 561:1.
- Stepchildren you never legally adopted and unmarried partners inherit nothing under intestacy law.
- A signed will lets you override every one of these default rules; see our New Hampshire estate planning guide for the full picture.
Who Inherits Your Property in New Hampshire If You Have No Will?
New Hampshire's intestacy statute, N.H. Rev. Stat. Ann. § 561:1, sets the exact share for a surviving spouse, and a companion section, the New Hampshire Circuit Court's guide to administering an estate, covers what happens when no spouse survives. Here is how the estate splits by scenario.
- Spouse survives, no children and no surviving parents: Your spouse inherits the entire estate.
- Spouse and surviving parents, no children: Your spouse receives the first $250,000 of the estate plus three quarters of the balance. Your surviving parent or parents split what is left.
- Spouse and shared children only, and your spouse has no other children: Your spouse receives the first $250,000 plus half of the balance. Your children split the remainder.
- Spouse and shared children, but your spouse has children from another relationship: Your spouse receives the first $150,000 plus half of the balance. Your children split the remainder.
- Spouse and a child of yours who is not your spouse's child: Your spouse receives the first $100,000 plus half of the balance, and your children split what remains.
- Children only, no surviving spouse: Your children inherit the entire estate in equal shares by representation.
- No spouse, no children: The estate passes to your surviving parents, then to your siblings and their descendants by representation, then to grandparents, then to their descendants up to the fourth degree of kinship. If no qualifying relative exists, the estate passes to the State of New Hampshire.
What This Actually Means for Your Family
None of the scenarios above ask what you wanted. A stepchild you raised but never adopted gets nothing. A partner you lived with for twenty years but never married gets nothing. A sibling you have not spoken to in a decade could end up co-owning your house with your spouse while your circuit court, probate division sorts out the estate. The only way to change any of this is to sign a valid will before you die, naming exactly who gets what.
How Does the New Hampshire Probate Process Handle an Intestate Estate?
When someone dies without a will in New Hampshire, the Circuit Court, Probate Division appoints an administrator, usually the closest heir under the statute, to inventory the estate, pay debts, and distribute what remains according to the formula above. Without a will naming an executor, the court decides who is in charge, and that person is not necessarily who you would have chosen, and family members who disagree about who should serve can end up arguing that decision out in front of a judge. Real property titled only in your name typically cannot be sold or refinanced until this process runs its course, which can leave a surviving spouse or child in limbo for months. Bank accounts, vehicles, and other assets held solely in your name face the same delay, since financial institutions generally will not release funds to an heir until the court issues letters of administration.
Why Not Just Wait and Handle This Later?
Intestacy is not a rare edge case. Deaths from accidents, sudden illness, and medical events happen every day to adults who assumed they had decades left to plan. If you own a home, have children, are in a second marriage, or have a partner you are not legally married to, the default formula above almost never matches what you would actually choose. Writing a will does not require a lawyer's office visit or a large amount of time. Most people finish the process in under an hour once they have gathered basic information about their assets, their family, and who they want as executor and guardian for minor children.
Frequently Asked Questions
What happens to a house in New Hampshire if you die without a will?
Your house passes as part of the intestate estate, under the same share rules described above. If a spouse and children both survive you, they can end up as co-owners of the same property until it is sold or one heir buys out the others.
Can an unmarried partner inherit anything in New Hampshire under intestacy law?
No. New Hampshire's intestacy statute only recognizes a legal spouse, registered relationships where applicable, and blood or adopted relatives. An unmarried partner, no matter how long the relationship, inherits nothing unless you name them in a will.
Do stepchildren inherit if you die without a will in New Hampshire?
Only if you legally adopted them. Biological and legally adopted children count as descendants under the statute; stepchildren who were never adopted do not, even if you raised them.
What if my sibling will not sign off on the estate?
If multiple relatives inherit as co-owners, every one of them typically has to agree before shared property can be sold. A sibling who refuses to cooperate can stall the process for months and may force a court petition to resolve the disagreement.
How do I make sure my New Hampshire estate does not go through intestacy?
Sign a valid will that names your beneficiaries and an executor. That single document overrides the entire statutory formula described above.
Do Not Leave This Decision to the State
The scenarios above are what happens by default. If you want your spouse, your children, a stepchild you never adopted, or anyone else to inherit on your own terms, you need a signed will in place before you die. FastWill's online will builder walks you through naming your beneficiaries, choosing an executor, and creating a legally valid document for New Hampshire, so your family is not left splitting your estate under a formula you never chose.
