✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in New Hampshire — exactly who inherits under New Hampshire’s intestate-succession law, and what surprises families most. All shares are from New Hampshire statute, verified as of June 2026.
In This New Hampshire Guide:
Who Inherits When There Is No Will in New Hampshire
Here is exactly how New Hampshire divides an estate when there is no will:
| If the person leaves… | Who inherits in New Hampshire |
|---|---|
| Spouse, no children | If the decedent has no surviving descendants (issue) and no surviving parent, the surviving spouse inherits the entire intestate estate. If the decedent has no surviving descendants but is survived by one or both parents, the surviving spouse receives the first 250000 plus 3/4 of the balance of the intestate estate; the parent(s) receive the remainder. |
| Spouse + shared children | If all surviving descendants of the decedent are also descendants of the surviving spouse, and the surviving spouse has no other descendants, the spouse receives the first 250000 plus 1/2 of the balance. The children (and their descendants) share the remainder equally if of the same degree, or by representation if of unequal degree. If all surviving descendants of the decedent are also descendants of the surviving spouse BUT the surviving spouse has one or more other descendants who are not descendants of the decedent (e.g., the spouse has children from a prior relationship), the spouse receives the first 150000 plus 1/2 of the balance; the decedent’s children share the remainder. |
| Spouse + children from another relationship | If the decedent has one or more surviving descendants who are NOT descendants of the surviving spouse (i.e., children from a prior relationship), the surviving spouse receives the first 100000 plus 1/2 of the balance of the intestate estate. The decedent’s children share the remainder equally if of the same degree, or by representation if of unequal degree. Note: stepchildren who are not biological or legally adopted children of the decedent do not inherit under intestacy. |
| Children, no spouse | The children inherit the entire intestate estate equally if they are all of the same degree of kinship. If descendants are of unequal degree (e.g., grandchildren standing in for a deceased child), those of more remote degree take by representation. |
| No spouse, no children | The estate passes in this order: (1) to the decedent’s parent(s) equally; (2) if no parents, to the issue of the parents (siblings and their descendants) equally if same degree, by representation if unequal degree; (3) if no issue of parents, but survived by one or more grandparents or issue of grandparents, one half passes to the paternal side and one half to the maternal side — within each side, grandparent(s) first, then issue of grandparents take equally if same degree or by representation if unequal degree; if there are no surviving relatives on one side, the entire estate passes to the other side. No portion passes to any person of the 5th or greater degree of kinship to the decedent. |
| No living relatives (escheat) | If there is no taker within the 4th degree of kinship (the statute bars inheritance at the 5th degree or beyond), the intestate estate escheats to the state of New Hampshire. |
These shares come from New Hampshire intestate-succession law (RSA 561:1 (Distribution Upon Intestacy); RSA 563:2 (120-hour survival requirement)).
How New Hampshire divides shares among descendants: New Hampshire uses distribution “by representation.” Descendants of the same degree share equally; those of more remote degree take the share their deceased ancestor would have received, divided among them — functionally similar to per stirpes.
New Hampshire homestead and family allowance: Under RSA 480:1, every person is entitled to a homestead exemption. Effective January 1, 2026, the homestead exemption amount is 400000 (increased from 120000). The surviving spouse is entitled to occupy the homestead for life after the decedent’s death. The surviving spouse and minor children may also receive a reasonable family allowance for support during estate administration, paid from the estate before other distributions.
Additionally, the surviving spouse has the right to occupy the home for up to 40 days rent-free following the decedent’s death.
Half-blood relatives in New Hampshire: RSA 561:3, which previously addressed half-blood relatives, was repealed in 2003 (Laws 2003, 47:2, effective January 1, 2004). Under the current statute, half-blood siblings and other half-blood relatives are not distinguished from whole-blood relatives and inherit equally under the general intestacy provisions.
Assets That Pass Outside New Hampshire Intestate Rules
Assets with designated beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside New Hampshire’s intestate succession rules and are not governed by RSA 561:1. Only assets in the decedent’s individual name without a beneficiary designation pass through intestacy.
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Other New Hampshire intestacy rules: (1) 120-hour survival rule: under RSA 563:2, an heir must survive the decedent by at least 120 hours (5 days) to inherit; if not proven by clear and convincing evidence, the heir is deemed to have predeceased the decedent. Exception: this rule does not apply if it would cause the estate to escheat to the state.
(2) Degree-of-kinship cap: New Hampshire limits intestate inheritance to relatives within the 4th degree of kinship — no person of the 5th or greater degree may inherit.
(3) Three-tier spouse-with-children structure: New Hampshire distinguishes three scenarios for a surviving spouse with descendants — (a) all children shared and spouse has no other children (250000 + 1/2), (b) all children shared but spouse has other children from a prior relationship (150000 + 1/2), and (c) decedent has children not of the surviving spouse (100000 + 1/2). This three-tier approach is more granular than many states.
(4) Children born to unwed parents: under RSA 561:4, a child born to parents who are not married to each other inherits from the child’s mother and through the mother’s family, and from the father if paternity is established.
What Dying Without a Will in New Hampshire Really Means
When someone dies without a will in New Hampshire, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how New Hampshire divides an estate when someone is dying without a will in New Hampshire, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in New Hampshire helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in New Hampshire depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in New Hampshire, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official New Hampshire Sources & Resources
- New Hampshire Court Self-Help: https://www.courts.nh.gov/self-help/estates
- New Hampshire Intestate Succession Statute: https://gc.nh.gov/rsa/html/LVI/561/561-1.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Hampshire intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More New Hampshire Wills & Probate Guides
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.