The catalyst for greater national attention to this issue was 29-year-old Brittany Maynard, a woman diagnosed with terminal brain cancer who moved from California to Oregon to end her life in 2014. Maynard chose Oregon because California had not yet passed its aid-in-dying law, and Oregon is one of just a few states that allow terminally ill patients to legally end their lives.
New Hampshire’s legislators have attempted to pass an aid-in-dying law for years. For the 2024 legislative session, lawmakers have introduced another death with dignity bill called the New Hampshire End of Life Options Act (HB1283) that would allow terminally ill patients who meet certain requirements to request life-ending medication.
This article first clarifies some confusing language related to death with dignity laws and then sets out the basics of New Hampshire’s proposed law.
“Death with dignity” and "medical aid in dying" are two of the most commonly accepted phrases describing the process by which a terminally ill person ingests prescribed medication to hasten death. Many people still think of this process as “assisted suicide” or “physician assisted suicide.” However, proponents of death with dignity argue that the term “suicide” doesn’t apply to terminally ill people who would prefer to live but, facing certain death within months, choose a more gentle way of dying. In fact, New Hampshire’s proposed law states that terminating one’s life under the law is not suicide. (See HB1283, Section 137-M:9.)
Increasingly, health organizations are turning away from the term “suicide” to describe a terminally ill patient’s choice to reduce the suffering of an inevitable death. The phrase “aid in dying” is becoming a more accepted way to refer to this process.
You may also see the phrase “right to die” used in place of “death with dignity” or "medical aid in dying." However, “right to die” is more accurately used in the context of directing one’s own medical care—that is, refusing life-sustaining treatment such as a respirator or feeding tubes when permanently unconscious or close to death. You can provide your own health care directions by completing a New Hampshire living will and durable health care power of attorney. (See the end of this article for more information.)
New Hampshire’s proposed law is modeled closely on Oregon’s Death With Dignity Act, which took effect in 1997. If New Hampshire’s law passes, a patient requesting aid-in-dying medication will have to be:
A patient who meets the requirements above will be prescribed aid-in-dying medication only if:
To use the medication, the patient must be able to ingest it on their own. A doctor or other person who administers the lethal medication may face criminal charges.
You can read the full text of New Hampshire’s End of Life Options Act on the General Court of New Hampshire’s website.
To find out more about the history and current status of medical aid in dying laws in the United States, visit the website of the Death With Dignity National Center.
For information about appointing a health care agent and making known your own wishes for medical care at the end of life, see the Living Wills & Medical Powers of Attorney section of Nolo.com.
Updated March 11, 2024
Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in New Hampshire.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits the first $250,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $250,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.H. Rev. Stat. § 561:1 (2023).)
In New Hampshire, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $250,000 of your intestate property, plus 3/4 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $350,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $325,000 worth of that property – that is, $250,000 plus $75,000 worth of the remaining $100,000. Gerry’s father inherits $25,000.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits the first $250,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $450,000 worth of property that would have passed under a will, so Karen inherits $350,000 worth of that property – that is, $250,000 plus $100,000 of the remaining $200,000. The two children inherit $50,000 each.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Let’s use the example just above but, this time, say that Karen also has a son from a previous marriage. Karen still receives the life insurance policy proceeds and inherits the bank account outright, because those things aren’t intestate property. But in this case, Karen inherits only a $300,000 share of Bill’s $450,000 worth of intestate property -- that is, $150,00 plus $150,000 of the remaining $300,000. Bill’s and Karen’s two grown children inherit $75,000 each.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
If you die without a will in New Hampshire, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of New Hampshire must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (N.H. Rev. § 561:9 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, cousins, or other relatives to the fourth degree.
Here are a few other things to know about New Hampshire intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find New Hampshire’s intestate succession law here: New Hampshire Revised Statutes § § 561:1 to 561:21.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Here’s a quick checklist for making a will in New Hampshire:
A will, also called a "last will and testament," can help you protect your family and your property. You can use a will to:
In New Hampshire, if you die without a will, your property will be distributed according to state "intestacy" laws. New Hampshire's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, nephews, and other relatives to the fourth degree. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.
No. You can make your own will in New Hampshire, using Nolo's Quicken WillMaker. However, you may want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?
To make a will in New Hampshire, you must be:
Your will can dispose of any of your real or personal property, as well as any right or interest you have in property. N.H. Rev. Stat. Ann. 551:1. It can also dispose of property your estate acquires after you make the will. N.H. Rev. Stat. Ann. 551:7.
You must make your will on hard copy. That is, it must be on actual paper. It cannot be on an audio, video, or any other digital file. (Although, see “Can I Make a Digital or Electronic Will?”). New Hampshire does not permit handwritten (holographic) wills. N.H. Rev. Stat. Ann. 551:2.
To finalize your will in New Hampshire:
Only "disinterested" witnesses who do not stand to inherit anything from your will should serve as your witnesses since "interested" witnesses can lose whatever gift you leave them by acting as your witnesses.N.H. Rev. Stat. Ann. 551:3.
Your witnesses are not required to be physically present in New Hampshire. N.H. Rev. Stat. Ann. 551:2.
No, in New Hampshire, you do not need to notarize your will to make it legal.
However, New Hampshire allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it. N.H. Rev. Stat. Ann. 551:2a.
To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will.
Yes. In New Hampshire, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.
In New Hampshire, you may revoke or change your will at any time. You can revoke your will by:
If you and your spouse divorce (or if a court determines that your marriage is not legal), New Hampshire law revokes any language in your will that leaves property to your spouse or names your spouse to be your executor. This rule also applies to your spouse's children and descendants. This rule does not apply if you specifically state in your will (or divorce decree or contract relating to the division of your property) that divorce should not affect the provisions in your will or if you happen to remarry your spouse. N.H. Rev. Stat. Ann. 551:13. If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.
If you need to make changes to your will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).
In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. New Hampshire currently doesn't allow e-wills, but that may change in the future.
You can find New Hampshire’s laws about making wills here: New Hampshire Revised Statutes Title LVI Probate Courts and Decedents' Estate Chapter 551 - Wills.
]]>In New Hampshire, a death record must be electronically filed within 36 hours and before the body is buried or cremated. (N.H. Rev. Stat. § 5-C:62.) Typically, the funeral home, mortuary, cremation organization, or other person in charge of the deceased person’s remains will prepare and file the death certificate.
If you're the executor of the estate (in charge of wrapping up the deceased person's affairs), you should ask for at least 10 certified copies. You'll need to submit a certified copy of the death certificate each time you claim property or benefits that belonged to the deceased person, including life insurance proceeds, Social Security benefits, payable-on-death accounts, veterans benefits, and many others.
If you need to order copies of the death certificate after some time has passed, visit the website of the New Hampshire Division of Vital Records. There, you'll find a downloadable application for ordering death certificates by mail.
You must provide a copy of a valid ID, such as a government issued photo ID, at the time you order a death certificate. The first certified copy of a New Hampshire death certificate costs $15; additional copies are $10 each.
In New Hampshire, certified copies of death certificates are available only to those who can show they have a “direct and tangible interest” in the record. (N.H. Rev. Stat. § 5-C:83.) This usually includes immediate family members, authorized legal representatives, and others who can show that they need the death certificate to establish a personal or property right.
If the record is more than 50 years old, it is available to anyone who requests it. Genealogists may also obtain a death certificate if they have a written statement from a member of the deceased person’s immediate family. (N.H. Rev. Stat. § 5-C:105.)
Two separate people are responsible for filling out the death certificate. The funeral director or designated agent contacts the next of kin to collect personal data about the deceased person. A medical professional fills out the medical certification portion (cause of death) of the death certificate and gives it to the funeral director within 36 hours from the time of death. Usually, this medical professional will be the attending physician, advanced practice RN, or physician assistant. Some circumstances will require a medical examiner to certify the cause of death. (N.H. Rev. Stat. § 5-C:64.)
Embalming is a process in which blood is drained from the body and replaced with fluids that delay disintegration. Though it is still a common procedure, embalming is rarely necessary; refrigeration serves the same purpose.
In New Hampshire, if the body won't be buried or cremated within 48 hours of arriving at the funeral home, the body must be:
You can choose any of the above options. (See N.H. Rev. Stat. § 325:40-b.)
A casket is often the single greatest expense incurred after a death. The average cost of a casket is more than $2,000, and the price can run into the $10,000-$20,000 range for more elaborate designs and expensive materials. Whether due to the cost or for other reasons, some people prefer to forgo a casket altogether.
Burial. No law requires a casket for burial. However, you should check with the cemetery; it may have rules requiring a certain type of container.
Cremation. No law requires a casket for cremation. On the contrary, federal law requires a funeral home or crematory to inform you that you may use an alternative container, and to make such containers available to you. An alternative container may be made of unfinished wood, pressed wood, fiberboard, or cardboard.
No. Although funeral homes may sometimes be very pushy about getting you to buy caskets from them, federal law requires funeral homes to accept caskets that consumers have purchased from another source, such as an online retailer. (Learn more about your consumer rights under the FTC Funeral Rule.) You may also build your own casket, if you prefer.
Alkaline hydrolysis (more informally called "water cremation," "flameless cremation," "aquamation," and many other terms) is a chemical process that reduces a body to components of liquid and bone. It's considered a greener alternative to cremation because it uses less energy than cremation and does not release matter into the atmosphere.
Water cremation was once (briefly) legal in New Hampshire, but now no longer is. The process was legalized in New Hampshire in 2006, but the law was later repealed before any facilities yet offered it. An effort to pass a new bill legalizing the process in 2009 and again in 2013-14 failed, with the Catholic church of New Hampshire opposing this type of cremation. (See this U.S. News article on the legalization of aquamation.)
Learn more about alkaline hydrolysis.s
Most bodies are buried in established cemeteries, but burial on private property may be possible in New Hampshire. New Hampshire law lays out certain requirements, such as a minimum distance from:
(N.H. Rev. Stat. § 289.3.) In addition, before conducting a home burial or establishing a family cemetery, you'll need to check local zoning regulations, which can vary by county. Before transferring the property to another person, you'll need to record the location of the private burial site in the deed. Contact your county register of deeds for more information.
In New Hampshire, there are no state laws controlling where you may keep or scatter ashes. Ashes may be stored in a crypt, niche, grave, or container at home. If you wish to scatter ashes, you have many options. Generally, use common sense and refrain from scattering ashes in places where they would be obvious to others.
Scattering ashes in an established scattering garden. Many cemeteries provide gardens for scattering ashes. If you’re interested, ask the cemetery for more information.
Scattering ashes on private land. You are allowed to scatter ashes on your own private property. If you want to scatter ashes on someone else’s private land, it’s wise to get permission from the landowner.
Scattering ashes on public land. You may wish to check both city and county regulations and zoning rules before scattering ashes on local public land, such as in a city park. However, many people simply proceed as they wish, letting their best judgment be their guide.
Scattering ashes on federal land. Officially, you should request permission before scattering ashes on federal land. As with local or state land, however, you will probably encounter no resistance if you conduct the scattering ceremony quietly and keep the ashes well away from trails, roads, facilities, campsites, developed areas, and waterways. You can find guidelines for scattering ashes on the websites for some national parks. For more information, begin your search at the website of the National Park Service.
Scattering ashes at sea. The federal Clean Water Act requires that cremated remains be scattered at least three nautical miles from land. If the container will not easily decompose, you must dispose of it separately. The EPA does not permit scattering at beaches or in wading pools by the sea. Finally, you must notify the EPA within 30 days of scattering ashes at sea.
The Clean Water Act also governs scattering in inland waters such as rivers or lakes. For inland water burial, you may be legally required to obtain a permit from the state agency that manages the waterway.
For more information, including the contact information for the EPA representative in New Hampshire, see Burial of Human Remains at Sea on the EPA website.
Scattering ashes by air. While there are no state laws on the matter, federal aviation laws do prohibit dropping any objects that might cause harm to people or property. The U.S. government does not consider cremains to be hazardous material; all should be well so long as you remove the ashes from their container before scattering.
To learn about the federal rule on funerals, which protects consumers in all states, visit the FTC's Funeral Rule page.
For more information about funeral laws in New Hampshire, see New Hampshire Home Funeral Laws.
To find out more about funerals and other final arrangements, see Nolo's section on Getting Your Affairs in Order.
Get It Together, by Melanie Cullen (Nolo), helps you gather and organize the essential details of your life for yourself and your family.
]]>When you use New Hampshire's simplified probate process, you can avoid these steps of regular probate:
N.H. Rev. Stat. Ann. 553:32. This simplified probate process is more streamlined than full probate, saving time, probate fees, and potentially lawyer fees.
You can use waiver of administration in New Hampshire in certain situations where there's no conflict over who will serve as the administrator of the estate (also called "personal representative"). This is simply the person or people who will officially wrap up the estate.
Here are the circumstances that allow a waiver of administration:
(N.H. Rev. Stat. Ann. § 553:32.)
In most states, simplified probate is based on the value of the estate being less than a certain amount. In New Hampshire, this process can be used regardless of the estate value but only in the simple situations set out above.
The process for a waiver of administration begins the same way as regular probate (also called "full administration"). You'll file a petition for estate administration with the local probate court in the county where the deceased person was living. You'll file the will, if there was one, and the death certificate.
Once the court approves the waiver of administration, there's a minimum waiting period of six months for creditors to file any claims. During these six months, the administrator can still collect the assets, pay debts, and distribute assets. But they can't close the estate until at least six months have passed.
To close the estate, the administrator will file a Waiver of Administration Statement. It must be filed between 6 and 12 months after the appointment of the administrator. (N.H. Rev. Stat. Ann. § 553:32.) This document (sometimes also called an "affidavit of administration") states that:
If the estate doesn't qualify for waiver of administration, it might still be able to make a motion for summary administration under New Hampshire Revised Statutes § 553:33.
For help determining if an estate qualifies for the probate shortcut, or handling an estate in general, see The Executor’s Guide, by Mary Randolph (Nolo) or Estate Planning Basics, by Denis Clifford (Nolo).
For more on New Hampshire estate planning issues, see our section on New Hampshire Estate Planning.
]]>A "living" trust (also called an "inter vivos" trust) is simply a trust you create while you're alive. The beneficiaries you name in your living trust receive the trust property when you die. You could instead use a will, but wills must go through probate—the court process that oversees the transfer of your property to your beneficiaries.
Many people create a revocable living trust as part of their estate plan. You can modify or revoke (cancel) this type of trust at any time. Typically, you'll name yourself as the "trustee" of your trust. This means that while you're alive, you retain control of the trust and its property. In your trust document, you'll also name a "successor trustee" to take over and manage the trust after you die; this person will distribute the property in the trust to your beneficiaries. (If you create a shared living trust, as is often done by married couples, then your successor trustee would assume control after both spouses have died.)
In contrast, irrevocable trusts cannot be revoked or modified after they are signed. Irrevocable trusts can be useful tools for specific goals, like reducing taxes, but they require giving up ownership and control of trust property.
When you set up a living trust to transfer your property to your loved ones after your death, you can potentially save them time, hassle, and money. Property left through a will (rather than a living trust) might be tied up for months or even years in probate court, and could involve significant court costs and lawyers' fees. By contrast, property left through a trust can be distributed to your beneficiaries almost immediately, and often without the need for an attorney.
Some states have fully adopted a model law called the Uniform Probate Code, which streamlines the probate process, but unfortunately New Hampshire is not one of these states. However, New Hampshire does have a simplified probate process for "small" estates. Your estate can qualify for this much shorter probate procedure by submitting a "waiver of administration" affidavit in certain situations. (See Probate Shortcuts in New Hampshire to find out which situations qualify.) If your estate is likely to qualify for this shortcut, the probate process will be straightforward and relatively inexpensive, so you might not need to worry about avoiding probate with a living trust.
Yes, you'll still need a will. This might seem confusing—isn't the point of a living trust to avoid needing a will? Yes, it is, and your will might never be used. But you should still write one, for one or both of the following reasons:
If you don't have a will, any property that isn't transferred by your living trust or other method (such as joint tenancy) will go to your closest relatives as determined by New Hampshire state law.
Probably not. Most people do not need to worry about federal estate taxes because the federal estate tax is levied only on estates worth close to $12 million. New Hampshire does not have its own estate tax.
That said, if you have an estate worth close to $12 million (or you and your spouse or partner have a combined estate of close to $24 million), you might be able to use a more complicated trust (such as an AB trust) to reduce or avoid estate taxes.
To make a living trust in New Hampshire, you:
You can use WillMaker & Trust to make a living trust using your computer. It has a simple interview format that allows you to complete the trust at your own pace, and it gives you lots of legal and practical help along the way. Based on your responses, the program produces a living trust document customized for you and your situation. With WillMaker & Trust, you can also make a will, powers of attorney, health care directives, transfer on death deeds, and many other useful documents. Use it just for yourself or for your entire family.
For more on New Hampshire estate planning issues, see New Hampshire Estate Planning.
]]>You can make several different types of POAs in New Hampshire. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in New Hampshire.
For your POA to be valid in New Hampshire, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by New Hampshire courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
If the POA is (1) a general POA (meaning a POA not limited to a specific transaction or purpose—most durable POAs for estate planning purposes would fall into this category) or (2) gives the agent the power to deal with real estate, New Hampshire also requires that you sign the POA in the presence of a notary public. For all other POAs, notarization is not technically required, but it's highly recommended anyway. Why? When you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
New Hampshire also requires you to sign a disclosure, or notice, and attach it to your POA. This disclosure helps ensure that you understand what you're doing when you create a POA and give away powers to an agent. The exact language for this notice is set out in New Hampshire's statute. (See N.H. Rev. Stat. § 564-E:301.)
In addition, New Hampshire also requires your agent to sign an acknowledgment and attach it to the POA. This extra step helps ensure that your agent understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA.
You can find sample language for this acknowledgment at New Hampshire Revised Statutes § 564–E:113.
New Hampshire offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. (See N.H. Rev. Stat. § 564–E:301.) For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You can also use WillMaker to create a will or living trust.) Or you can hire a New Hampshire lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In New Hampshire, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in New Hampshire, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to transact real estate. In New Hampshire, this office is called the registry of deeds. If you put your POA on file there, the registry of deeds will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
New Hampshire allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in New Hampshire, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. Your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on New Hampshire planning issues, see our section on New Hampshire Estate Planning.
]]>In New Hampshire, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee). Then—and this is crucial—you must transfer ownership of your property to yourself as the trustee of the trust. Once all that's done, the property will be controlled by the terms of the trust. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings.
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.
In New Hampshire, this form of joint ownership is available:
In New Hampshire, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit. You still control all the money in the account—your POD beneficiary has no rights to the money, and you can spend it all if you want. At your death, the beneficiary can claim the money directly from the bank, without probate court proceedings.
New Hampshire lets you register stocks and bonds in transfer-on-death (TOD) form. People commonly hold brokerage accounts this way. If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.
New Hampshire does not allow real estate to be transferred with transfer-on-death deeds.
New Hampshire does not allow transfer-on-death registration of vehicles.
Even if you don't do any planning to avoid probate, your estate may qualify for New Hampshire's simplified "small estate" probate procedures. For more details, see Probate Shortcuts. For more on avoiding probate, see 8 Ways to Avoid Probate, by Mary Randolph (Nolo).
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