New Hampshire living trusts & estate documents

Living trust law in New Hampshire

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In New Hampshire, trusts are governed by the New Hampshire Trust Code, RSA Chapter 564-B.

Avoiding probate in New Hampshire

Probate in New Hampshire is governed by the RSA Titles 56 and handled by the Circuit Court's Probate Division. See state probate code for administration options.

New Hampshire does not use a fixed small-estate dollar limit; instead, a waiver of full administration is available for qualifying estates — for example, when the sole beneficiary serves as administrator (RSA 553:32). A funded living trust passes outside probate entirely, whatever the size of the estate — which is why New Hampshire homeowners in particular set one up. New Hampshire also authorizes a transfer-on-death deed (N.H. Rev. Stat. Ann. ch. 563-D) to pass real estate outside probate — a living trust does the same for every asset, not just real estate.

In New Hampshire, creditors generally have 6 months after the grant of administration to file claims against the estate (N.H. Rev. Stat. Ann. § 556:3) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in New Hampshire

New Hampshire imposes no estate tax and no inheritance tax, and no state income tax: New Hampshire has no estate, inheritance, or earned-income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in New Hampshire

A surviving spouse in New Hampshire who is left out of the will can instead claim an elective share of one-third of the estate where the decedent left issue under N.H. Rev. Stat. Ann. § 560:10 — a protection the will itself cannot override.

New Hampshire also sets aside a lifetime homestead right (up to $400,000 of equity) plus a support allowance for a surviving spouse and minor children (N.H. Rev. Stat. Ann. § 480:1), protected ahead of most creditors.

Signing your New Hampshire documents

1. Sign the living trust. Executed and acknowledged before a notary.
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive either before a Notary Public or in the presence of two adult witnesses. The form lists who may not serve as a witness — follow it exactly.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for New Hampshire — follow those as the authoritative guide.

Serving all of New Hampshire

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