The Estate Planning Guide Est. 2026

What Happens If You Die Without a Will in New Hampshire?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 3, 2026 7 min read

Quick answer

If a married New Hampshire resident with children dies without a will, the surviving spouse takes the first $250,000 plus 1/2 of the balance when all the children are the couple's, but less when there are children from another relationship. New Hampshire is a common-law (separate property) state, so these shares apply to the whole estate.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New Hampshire with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

How intestacy works in New Hampshire

When someone dies in New Hampshire without a valid will, N.H. Rev. Stat. Ann. §561:1 decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.

New Hampshire is a common-law (separate property) state, so there is no community-property split; the shares above apply to the whole intestate estate.

What happens when there’s a surviving spouse only (no children, no parents)

If there is no surviving issue and no parent of the decedent, the surviving spouse inherits the entire intestate estate.

What happens when there’s a surviving spouse and children

This is the most common situation and where New Hampshire’s rules get specific:

If all of the decedent's surviving issue are also issue of the surviving spouse, and the spouse has no other issue, the spouse takes the first $250,000 plus 1/2 of the balance. If the surviving spouse has other issue (from another relationship) but all of the decedent's issue are shared, the spouse takes the first $150,000 plus 1/2 of the balance. If the decedent has one or more issue who are not the surviving spouse's, the spouse takes the first $100,000 plus 1/2 of the balance; the issue share the rest by representation (N.H. Rev. Stat. Ann. §561:1).

For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.

What happens when there’s a surviving spouse and parents (no children)

If there is no surviving issue but a parent survives, the surviving spouse takes the first $250,000 plus 3/4 of any balance; the decedent's parent(s) take the remaining 1/4 (N.H. Rev. Stat. Ann. §561:1).

What happens when there are children but no spouse

The entire estate passes to the decedent's issue, equally if all are of the same degree, otherwise by representation (N.H. Rev. Stat. Ann. §561:1, §561:3).

What happens when there’s no spouse and no children

Order of inheritance: issue → parents → siblings and their issue → next of kin in equal degree → and if no heir can be found, the estate escheats to the State of New Hampshire.

This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.

A New Hampshire-specific quirk

New Hampshire uses UPC-style tiered spousal shares but with its own dollar figures — a full $250,000 'off the top' for a spouse when children are shared, dropping to $150,000 or $100,000 in blended families, then a 50/50 split of the balance — one of the more generous first-tier spousal allowances in the country.

What intestacy can’t do (and why it usually fails most people)

Even when New Hampshire’s intestacy rules produce a result close to what someone would have chosen, the rules can never:

  • Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
  • Leave anything to a step-child you didn’t formally adopt
  • Leave anything to a friend, charity, or specific person outside your family
  • Name a guardian for your minor children — a New Hampshire judge picks
  • Specify who handles your estate — a court appoints an administrator
  • Identify specific items for specific people
  • Account for blended-family dynamics in nuanced ways
  • Reduce probate costs and time — intestate estates still go through full probate

For most New Hampshire families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.

What probate looks like in New Hampshire when there’s no will

If someone dies intestate in New Hampshire, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:

  1. Inventory the estate’s assets
  2. Notify creditors and pay debts
  3. Identify legal heirs under New Hampshire’s intestacy statute
  4. Distribute remaining assets to heirs according to the statute

For details on what probate costs and how long it takes in New Hampshire, see:

What to do this week if you don’t have a will

The most useful single move for any New Hampshire adult without a will:

  1. Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
  2. Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
  3. Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.

For a New Hampshire family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.

What happens without a will in other states

Intestacy rules differ from state to state — here’s what happens when someone dies without a will elsewhere:

This page explains New Hampshire intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed New Hampshire attorney before relying on this page. Sources: N.H. Rev. Stat. Ann. §561:1 (distribution upon intestacy), N.H. Rev. Stat. Ann. §561:3 (representation among descendants), N.H. Rev. Stat. Ann. §561:4 (kindred of the half blood).

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