If I die without a Will

We often get the question: “If I die without a Will, does the State get my property?” The answer
to this question is: “I’ve got some good news and bad news. The good news is the State probably
won’t be taking your estate. The bad news is your estate might possibly not be handed down as
you would really like it to be. So read this, if you can:

In New Hampshire, if you die without a Will, the real estate and personal estate of every person who dies, assuming that person is survived by a spouse, will go to the spouse subject to the following limitations:

(a) If there are no surviving children or a surviving parent of the person now deceased, everything goes to the
spouse;

(b) If there are surviving children of the decedent all of whom are children of the surviving spouse also, and there are no other children of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance;

(c) If there are no surviving children of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate;

(d) If there are surviving children of the decedent all of whom are children of the surviving spouse also, and the surviving spouse has one or more surviving children who are not the children of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate; 

(e) If there are surviving children of the decedent one or more of whom are
not children of the surviving spouse, the first $100,000, plus 1/2 of the intestate estate. 

 

Here’s the “other part” of the equation. The part of the intestate estate not passing to the surviving
spouse, or the entire intestate estate if there is no surviving spouse, passes as follows: 

(a) To the children of the decedent equally if they are all of the same degree of kinship to the decedent, but
if of unequal degree, then those of more remote degree take by representation (if you had three
children, but one died leaving children of their own, then the grandchildren of that child will take
their parent’s share). 

(b) If there are no surviving children, to the decedent's parent or parents equally. 

(c) If there are no surviving children or parent, to the brothers and sisters and the children of each deceased brother or sister by representation; if there is no surviving brother or sister, the children of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree then those of more remote degree take by representation.
(d) If there are no surviving children, parent or children of a parent but the decedent is survived
by one or more grandparents, one half of the estate passes to the paternal grandparents if both
survive or to the surviving paternal grandparent if one paternal grandparent is deceased and the
other half passes to the maternal grandparents in the same manner; or if only one grandparent
survives, such grandparent shall receive the entire estate.

(e) If there are no surviving children, parent, children of a parent, or grandparent but there are children of the decedent's grandparent who survive, one half of the estate passes to the children of the paternal grandparent who are not beyond the fourth degree of kinship to the decedent and said children shall take equally if they
are all of the same degree of kinship to the decedent, but if of unequal degree those of more
remote degree take by representation, and the other half passes to the children of the maternal
grandparent who are not beyond the fourth degree of kinship and said children shall take equally
if they are all of the same degree of kinship to the decedent, but if of unequal degree those of
more remote degree take by representation; provided, however, that if there are no children of the
decedent's grandparent within the fourth degree of kinship to the decedent on either the paternal
or maternal side, the entire estate passes to the children on the other side who are not beyond the
fourth degree of kinship to the decedent and said children shall take equally if they are all of the
same degree of kinship to the decedent, but if of unequal degree those of more remote degree
take by representation.

(f) No portion of a decedent's intestate estate shall pass to any person who
is of the fifth or greater degree of kinship to the decedent. THEN AND ONLY THEN DOES IT
GO TOTHE STATE OF NEW HAMPSHIRE.