Elective Share in New Hampshire
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if children survive, or one-half if no children.
How New Hampshire treats Elective Share
New Hampshire allows the surviving spouse to elect against the will and receive a statutory share of one-third of the net estate if the decedent left surviving children, or one-half if no children survive. The election must be made within six months after the probate court grants administration, or it is barred. The elective share is charged against the estate and may reduce bequests to other beneficiaries.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Hampshire.