New Hampshire

At a Glance

Filing requirements and timeline in New Hampshire.

In New Hampshire, death certificates must be signed and filed within 36 hours of death by an authorized doctor or hospice nurse. After signing, a family member or funeral/cremation organization completes and files it with the town clerk where the death occurred or directly with the Office of Vital Statistics in Concord, NH, within six days.

Who can order copies and where.

Certified copies of death certificates can be ordered from the local city or town clerk's office or the New Hampshire Secretary of State, Division of Vital Records Administration.

• –New Hampshire Secretary of State, Division of Vital Records Administration: https://www.sos.nh.gov/vital-records-0
• –Cost: approximately $15 for the first certified copy, $10 for each additional copy purchased at the same time.
• –Processing time: Allow 2 to 5 business days for requests through town clerks.

How do I get a death certificate in New Hampshire?

Order certified copies from New Hampshire's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in New Hampshire?

$15 per certified copy in New Hampshire, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

In New Hampshire, probate is generally required when a deceased person owned assets solely in their name. New Hampshire allows for a simplified probate process for small estates, though the exact threshold for 'small estates' is not explicitly defined as a fixed dollar amount in the same way some other states do. Instead, it refers to estates with little potential for conflict and straightforward asset distribution.

If you die without a will.

If a person dies in New Hampshire without a valid will (intestate), their assets are distributed according to the state's intestate succession laws, as outlined in RSA 561:1.

• –Surviving spouse and no surviving issue or parent: Spouse inherits the entire intestate estate.
• –Surviving spouse and surviving issue (all of whom are also issue of the spouse, and the spouse has no other children): Spouse inherits the first $250,000 plus one-half of the balance. The issue inherit the rest.
• –Surviving spouse and surviving issue (at least one of whom is not issue of the spouse): Spouse inherits the first $100,000 plus one-half of the balance of the intestate estate. Issue inherit the remaining half.
• –No surviving spouse: Issue inherit the entire intestate estate. If no issue, then parents inherit. If no parents, then siblings. If no relatives, the estate escheats to the state.

Avoiding probate.

New Hampshire residents can use several strategies to avoid probate, including establishing revocable living trusts, designating beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance), and holding property in joint ownership with rights of survivorship. Transfer-on-death (TOD) or payable-on-death (POD) designations are also effective for certain assets.

How long does probate take in New Hampshire?

A straightforward New Hampshire probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

Do I need a probate attorney in New Hampshire?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does New Hampshire allow transfer-on-death deeds?

Yes. New Hampshire authorizes the transfer on death deed under N.H. Rev. Stat. Ann. ch. 563-D (RSA 563-D:1 to 563-D:22). Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. New this decade: New Hampshire adopted the uniform TOD deed act effective July 1, 2024, and RSA 563-D requires the deed to be recorded within 60 days of execution and before the owner's death; older sources saying NH has no TOD deed are outdated.

Source: N.H. Rev. Stat. Ann. ch. 563-D (RSA 563-D:1 to 563-D:22) ↗

Die without a will in New Hampshire and this law picks your heirs.

If you die intestate (without a valid will) in New Hampshire, N.H. Rev. Stat. Ann. § 561:1 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the entire estate.
• –Spouse + parents (no descendants): the first $250,000 plus three-fourths of the balance; parents take the rest.
• –Spouse + joint descendants: the first $250,000 plus one-half of the balance; children take the rest.
• –Spouse + blended family: the first $150,000 plus one-half of the balance if the spouse has outside children; the first $100,000 plus one-half if the decedent does.
• –Source: N.H. Rev. Stat. Ann. § 561:1

Children's shares.

The issue take the entire estate: equally if all the same degree of kinship, by representation if not.

No spouse, no children: the line of succession.

After issue come parents, then siblings and their issue, then grandparents split half paternal and half maternal, then issue of grandparents no further than the fourth degree of kinship; nobody of the fifth degree or beyond inherits, and with no taker the estate passes to the state of New Hampshire.

At a Glance

What New Hampshire requires.

In New Hampshire, an advance directive, which includes a Durable Power of Attorney for Health Care and a Living Will, must be in writing, signed by the principal, and witnessed by two adults or acknowledged before a notary public or justice of the peace. Neither witness can be the agent, the principal's attending physician, or an employee of the principal's attending physician or of the healthcare facility where the principal is a patient. The document becomes active when the principal is unable to make or communicate healthcare decisions.

Healthcare power of attorney.

New Hampshire's Durable Power of Attorney for Health Care allows you to appoint an agent to make healthcare decisions on your behalf if you become incapacitated. This document can be a standalone form or part of a comprehensive advance directive. The agent's authority typically begins when your physician determines you lack the capacity to make your own medical decisions.

POLST / MOLST forms.

New Hampshire recognizes Portable Medical Orders, including POLST (Physician Orders for Life-Sustaining Treatment) forms. These are medical orders for patients with serious illnesses, focusing on end-of-life care preferences. POLST forms are distinct from advance directives in that they are physician orders that travel with the patient across healthcare settings, while advance directives are legal documents that appoint an agent and state general wishes. New Hampshire also has a 'P-DNR' (portable Do Not Resuscitate) order.

Where do I get New Hampshire's advance directive form?

The controlling law is RSA 137-J:14 (execution and witnesses); RSA 137-J:20 (advance directive forms), linked as this section's source. Most people use the free statutory form: New Hampshire's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does New Hampshire require a notary or witnesses for an advance directive?

New Hampshire requires notarization and 2 adult witnesses, as shown in the requirements above. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in New Hampshire.

New Hampshire law requires a 48-hour waiting period between the time of death and cremation, unless the death was due to a contagious disease. A cremation permit from the medical examiner is required, which typically costs $60. Authorization from the legally authorized person (usually the next of kin) is also necessary.

Green burial and alternatives.

New Hampshire has no specific state laws prohibiting green burial, and it is generally permitted. Local cemetery bylaws may have restrictions, but many towns provide burial space for residents, creating opportunities for green burials. Home burial is also legal in New Hampshire, provided it complies with local zoning ordinances and is reported to the Municipal Cemetery Trustees as a courtesy. Human composting and alkaline hydrolysis are not explicitly addressed in current New Hampshire statutes, implying they may not be widely available or legally recognized as standard disposition methods.

• –Green burial: Permitted, subject to local cemetery bylaws.
• –Home burial: Legal, subject to local zoning and courtesy reporting to Municipal Cemetery Trustees.
• –Human composting/Alkaline hydrolysis: Not explicitly addressed in state law; availability may be limited.

Funeral home regulations.

Funeral homes in New Hampshire are regulated by the Board of Registration of Funeral Directors and Embalmers, which sets minimum standards for professional conduct and competency. Funeral homes must comply with the FTC Funeral Rule, which requires them to provide itemized price lists to consumers. State laws also govern licensing requirements for funeral directors and embalmers.

At a Glance

New Hampshire does not have a state estate tax.

New Hampshire does not impose a state-level estate tax. Therefore, estates of New Hampshire residents are not subject to a state estate tax, regardless of their value. However, residents may still be subject to the federal estate tax if their estate exceeds the federal exemption amount.

New Hampshire does not have an inheritance tax.

New Hampshire does not impose an inheritance tax. This means that beneficiaries inheriting assets from a New Hampshire resident will not pay a state-level tax on their inheritance. However, if a New Hampshire resident inherits from someone in a state that does have an inheritance tax, they may be subject to that state's tax.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does New Hampshire have an estate tax?

No. New Hampshire has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does New Hampshire have an inheritance tax?

No. New Hampshire does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in New Hampshire.

In New Hampshire, you can register as an organ, eye, and tissue donor through the New Hampshire Division of Motor Vehicles (DMV) when obtaining or renewing your driver's license or state ID. You can also register online through the National Donate Life Registry or the New England Donor Services website.

• –New Hampshire DMV: Register when applying for or renewing your driver's license/state ID.
• –National Donate Life Registry: https://registerme.org/
• –New England Donor Services: https://neds.org/register-now/

Your family cannot override your decision.

In New Hampshire, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.