Intestate Succession in New Hampshire
State-specific overview · Estate & Probate
New Hampshire prioritizes the surviving spouse heavily, awarding the entire estate if only distant relatives would otherwise inherit.
How New Hampshire treats Intestate Succession
A surviving spouse receives the whole estate if no descendants exist; with descendants, the spouse takes the first $100,000 plus half the remainder. New Hampshire also recognizes a unique rule allowing a surviving spouse to claim a homestead allowance and exempt certain property from creditors' claims. The state follows common-law succession principles rather than the Uniform Probate Code.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession 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.