Transfer on death deed in New Hampshire

New Hampshire at a glance

TOD deed for real estate

Yes

Name in New Hampshire law

Transfer on death deed

Law

RSA 563-D:1 to 563-D:22 (Uniform Real Property Transfer on Death Act)

Notary

Required

Witnesses

None

When to record

Within 60 days of signing

Where to record

Registry of deeds for the county or counties where the real estate lies

After-death document

Notice of death affidavit (notarized)

Notice to heirs

Not required

Official form

Yes

Your checklist

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Making a valid TOD deed in New Hampshire

• What the law does. An individual can transfer New Hampshire real estate to beneficiaries effective at death by a recorded transfer on death deed.
• Signing. The deed must meet ordinary deed rules (RSA 477:3): signed by the owner and acknowledged before a justice of the peace, notary public, or commissioner, showing the grantee's mailing address. It must be titled 'Transfer on Death Deed' and state the transfer happens at death. No witnesses. Capacity is the same as for a will (RSA 551:1). A guardian or conservator needs a court order; an agent needs express power-of-attorney authority.
• Recording. The deed is void unless recorded at length in the county registry of deeds both before the owner's death and within 60 days after it is signed.
• Recording deadline. within 60 days following the date of execution
• Payment, delivery, acceptance. Effective without notice, delivery, or acceptance by the beneficiary during life, and without consideration. Exempt from real estate transfer tax when no consideration (RSA 78-B:2, XXV, per the statutory form).
• Form. Optional statutory form in RSA 563-D:19 (deed) and 563-D:20 (revocation).

Changing it, and who you can name

• Revoking or changing. Revoke with a later TOD deed, a recorded instrument of revocation, or a deed that expressly revokes it, executed with deed formalities, acknowledged after the original, and recorded by the earlier of 60 days after signing or death. Not revocable by an act on the deed. The statute names no revocation by will. Divorce or annulment after signing treats the ex-spouse as predeceased unless the deed says otherwise.
• Beneficiaries. Any person (individuals, trusts, entities). Primary and secondary beneficiaries may be named. A beneficiary who does not survive the owner lapses (the anti-lapse statute RSA 551:12 does not apply) unless the deed says otherwise; a lapsed co-beneficiary share goes to the others. Co-beneficiaries take equal shares without survivorship unless the deed creates a joint tenancy.

After the owner dies

• Document. Notice of death affidavit (notarized)
• Where. Registry of deeds in the county where the property is located
• Deadline. Within 60 days after the owner's death
• Steps. Beneficiaries file a notarized notice of death affidavit within 60 days after death listing each beneficiary's name and address, the property address, the TOD deed date and book/page, the deceased owner's name, date and place of death, and where tax bills should go. The registry sends a copy to the town assessor. Filing is not a condition of title passing.

Debts, Medicaid and the spouse

• Creditors and Medicaid. If the probate estate cannot pay an allowed claim, the estate may enforce it against TOD property, apportioned by net value among TOD properties. No proceeding may start if no estate administration was granted within 2 years after death. The statute does not mention Medicaid estate recovery specifically.
• Surviving spouse. TOD property is not part of the probate estate for a spouse's elective share (RSA 560:10) and is not counted for a pretermitted heir's share (RSA 551:10).

Good to know in New Hampshire

• Applies only to TOD deeds made on or after 2024-07-01 by owners dying on or after that date (RSA 563-D:3).
• Contest deadline: later of 1 year after death or 6 months after an administrator is appointed within the first year (RSA 563-D:17).
• Beneficiary takes subject to mortgages, liens and estate creditor claims; no warranty of title.
• Joint owners: survivor takes; deed works only if the transferor is the last surviving joint owner.
• The notice of death affidavit requirement was added effective 2025-08-22 (2025, 114:1).

Official pages

• New Hampshire TOD deed form
• New Hampshire statute
• No TOD deed or other plan? How New Hampshire handles a small estate without probate →

Sources

• RSA Chapter 563-D (merged text) (read October 28, 2026)
• RSA 563-D:22 Notice of Death Affidavit (read October 28, 2026)
• RSA 477:3 Execution of deeds (read October 28, 2026)

Legal information from the official sources above, not legal advice. A TOD deed can affect Medicaid, taxes, creditors and co-owners; for a decision about your own property, ask the county recorder, a legal aid office or a lawyer. How we check: methodology.