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NEW HAMPSHIRE

What is a Will?

A Will is a written document that allows you to control the distribution of your estate, either directly to your heirs or through a trust that is contained within your Will. If you do not have a Will, your estate will be distributed according to state law - this is called interstate succession.

Why do I need a Will?

If you make a valid will, you- rather than the laws of New Hampshire- control how your estate is to be divided. You prevent costly disputes, and assure that the person(s) of your choice share in your estate.

If you die without a will, your estate will pass under state statute, and not necessarily in accordance with your true wishes. An Administrator, rather than an Executor, is appointed to conduct the affairs of the estate. Instead of distribution to the beneficiaries, distribution is made to the heirs at law, according to the following rules:

1. Surviving spouse
A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

     • If the decedent leaves no surviving issue (e.g., child or grandchild) or parents, the surviving spouse is      entitled to the entire intestate estate.

    • If the decedent leaves issue all of whom are also issue of the surviving spouse, the surviving spouse      gets the first $50,000, plus one-half of the remaining balance of the intestate estate.

    • If the decedent leaves issue one or more of who are not also issue of the surviving spouse, the surviving     spouse gets one-half of the intestate estate.

     • If the decedent is survived by only a parent or parents and no issue, the surviving spouse is entitled to the first $50,000, plus one-half of the remaining balance of the intestate estate.

2. Heirs other than surviving spouse
Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to decedent's:

1. Descendants, per stripes.*
2. Parent or parents equally.
3. Parents' descendants, per stripes.*
4. One or more surviving grandparents or the descendants of grandparents (e.g., decedent's aunts and uncles). Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the descendants of the paternal grandparents if both are deceased, taking per stripes.* The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or descendants on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
5. Next available kin related to the decedent up to the fourth degree of kinship.

3. State of New Hampshire
If there is no taker under any of the above provisions, the intestate estate passes to the state of New Hampshire.

* per stripes: The method of dividing an estate where a class or group of individuals take the share which their deceased ancestor was entitled to (had he or she lived), taking by their right of representing the deceased ancestor (sometimes referred to as taking "by representation").

What should I consider in writing a Will?

You should secure expert advice in drafting your will, so that it cannot be successfully challenged or contested by anyone disappointed with its terms. If a will is successfully challenged or contested, the law of descent and distribution may control, that is, decide who takes what from your estate, or your previous will may control how your estate is distributed.

We can assist you in drafting a will so that you, rather than the State of New Hampshire decide who will inherit your estate.

Please see also the NH Advanced Directives page.

Your initial consultation is always free.

General Inquiries: email us at ContactUs@ManningSmithLaw.com