Who Are Next Of Kin In New Hampshire?

Next of kin in New Hampshire for purposes of intestate succession include:

  1. Surviving spouse
  2. Children
  3. Parents
  4. Siblings
  5. Grandparents
  6. Issue of Grandparents

What Next Of Kin Inherit Under New Hampshire Intestate Succession Law?

The next of kin that are actually in line to inherit under New Hampshire’s laws of intestate succession depends on the other people that survived the decedent.  Closer relatives inherit before more distant relatives, with the surviving spouse being first in line.

Survivors Of Decedent

Share Of Intestate Estate

Spouse, no issue or parent

–          Spouse inherits entire intestate estate

Spouse and issue, all issue are also issue of surviving spouse, and there are no other issue of the spouse who survive the decedent

–          Spouse inherits first $250,000, plus ½ of the balance of the intestate estate

–          Issue inherit the remainder

Spouse and parent(s), no issue

–          Spouse inherits first $250,000, plus ¾ of the balance of the intestate estate

–          Parent(s) inherit the remainder

Spouse and issue, all issue are issue of the surviving spouse also, and surviving spouse has one of more surviving issue who are not the issue of the decedent

–          Spouse inherits the first $150,000, plus ½ of the balance of the intestate estate

–          Issue inherit the remainder

Spouse and issue, one or more of whom are not issue of the surviving spouse

–          Spouse inherits the first $100,000 plus ½ of the intestate estate

–          Issue inherit the remainder

Issue, no spouse

–          Issue inherit entire intestate estate

Parent(s), no spouse or issue

–          Parent or parents equally inherit entire intestate estate

Siblings, no spouse, issue, or parent(s)

–          Siblings and issue of deceased siblings inherit entire intestate estate

Grandparents, no spouse, issue, parents, or siblings

–          Paternal grandparents inherit ½

–          Maternal grandparents inherit ½

Issue of Grandparents, no spouse, issue, parents, siblings, or grandparents

–          ½ to issue of paternal grandparent who are not beyond the fourth degree of kinship

–          ½ to issue of maternal grandparent in same manner

None of the above

–          The State of New Hampshire inherits the entire intestate estate

The part of the intestate estate not passing to the surviving spouse, or the entire intestate estate if there is no surviving spouse, passes to the next of kin heirs equally if they are all the same degree of kinship to the decedent.  If the heirs are of unequal degree, then those of more remote degree take by representation.

Read New Hampshire’s intestate succession law at N.H. Rev. Stat. 561:1.

What Do Next Of Kin Intestate Heirs Inherit In New Hampshire?

The next of kin intestate heirs inherit from the probate estate.  Non-probate assets are not included.  Non-probate assets are items like bank accounts with pay-on-death beneficiaries, most life insurance benefits, and assets in a revocable trust.  See Probate and Non-Probate Assets Chart.  Sometimes a decedent dies and has no assets that need to go through probate.  In this scenario, next of kin heirs under New Hampshire’s intestate succession laws do not inherit anything by virtue of their heir at law status.

Does the State Of New Hampshire Ever Inherit a Decedent’s Property?

Although it is possible for the state of New Hampshire to inherit a decedent’s property, it is very rare.  The intestate succession laws of New Hampshire are designed to make sure that even the most remote next of kin relatives of a New Hampshire decedent inherit before the decedent’s property escheats to the state.

Is There A Survivorship Period To Inherit In New Hampshire?

Yes.  In order for a next of kin heir to inherit under New Hampshire intestate succession law, the heir must survive the decedent by 120 hours.  The survival requirement does not apply if the result would be that the decedent’s property escheats to the state.  See N.H. Rev. Stat. 563:2.

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