Transfer-on-Death Deed Requirements in New Hampshire
At a glance
| Governing law | Uniform Real Property Transfer on Death Act, RSA chapter 563-D (§§ 563-D:1 to 563-D:22), effective July 1, 2024 |
|---|---|
| TOD deed available? | Yes — an individual may use a revocable TOD deed for transferable New Hampshire real property (RSA 563-D:2, :5 to :7) |
| How to sign it | Individual transferor signs and acknowledges before a notary public or justice of the peace; no witnesses required; will-making capacity applies. The instrument must bear the title 'Transfer on Death Deed' (RSA 477:3; 563-D:8 to :9) |
| Recording requirement | Record at length in every county registry where the land lies, both before death and within 60 days after execution; missing either deadline makes the deed void (RSA 563-D:9) |
| Revoking it | Always revocable, subject to possible contract remedies for a broken promise not to revoke. Record within 60 days and before death a later TOD deed, express revocation, or deed that expressly revokes; physical cancellation and a will do not work; all living joint owners must revoke their joint deed (RSA 563-D:6, :11) |
| Eligible property & owner | An individual may transfer an interest in New Hampshire real property that is transferable at death. A joint owner's deed yields to surviving joint owners and works only for the last survivor; an agent needs beneficiary-designation authority and a guardian/conservator needs a court order (RSA 563-D:2, :5, :13(III), :18) |
| Beneficiary survival & effect | Beneficiary must survive unless deed provides otherwise; divorce/annulment generally treats an ex-spouse beneficiary as predeceased. Multiple beneficiaries default to equal shares without survivorship, but the deed may create joint tenancy. Beneficiary takes subject to liens and without title warranty (RSA 563-D:13 to :14) |
| Creditor & Medicaid reach | Not shielded. During life the deed does not affect creditors. If the probate estate is insufficient, the estate may enforce allowed claims against TOD property, apportioned by net value; no proceeding may begin if administration was not granted within two years. New Hampshire Medicaid's expanded recovery estate expressly covers revocable trusts, post-2005 joint tenancies, and life estates, and an allowed Medicaid estate claim may also reach TOD property through RSA 563-D:16 (RSA 563-D:12(III), :16; 167:14-a(V)-(VI)) |
New Hampshire's Uniform Real Property Transfer on Death Act, RSA chapter 563-D, took effect July 1, 2024. It lets an individual name one or more beneficiaries for New Hampshire real estate while retaining full control during life.
Signing and the 60-day deadline
The owner needs will-making capacity and must sign and acknowledge the deed before a notary public or justice of the peace under RSA 477:3. No witnesses are required. The instrument must bear the title "Transfer on Death Deed" and state that the transfer occurs at death.
New Hampshire has a strict two-part recording deadline. RSA 563-D:9 makes the deed void unless it is recorded at length in every county registry where the land lies:
- before the transferor dies; and
- within 60 days after execution.
The beneficiary does not sign or accept during life, and consideration is unnecessary.
Revoking it
Under RSA 563-D:11, the owner may record a later inconsistent TOD deed, an express revocation, or a deed that expressly revokes the TOD deed. The revoking instrument must be acknowledged later than the original and recorded by the earlier of 60 days after its own execution or the transferor's death. Physical destruction and a will do not work. All living joint owners must revoke a deed they made jointly.
Property, beneficiaries, and co-owners
An individual may transfer any transferable interest in New Hampshire real property. A surviving joint owner's right of survivorship comes first; the TOD deed works for the last surviving joint owner.
The beneficiary generally must survive, although the deed may provide another result. Multiple beneficiaries default to equal undivided shares without survivorship, but the deed may specifically create a joint tenancy. Divorce or annulment after execution generally treats a former-spouse beneficiary as having died first unless the deed says otherwise.
The beneficiary takes subject to mortgages, liens, contracts, encumbrances, and other interests affecting the property at death, without title warranty.
Creditor and Medicaid reach
During life, RSA 563-D:12 preserves all secured, unsecured, and future creditor rights. After death, if the probate estate cannot pay an allowed estate claim, RSA 563-D:16 lets the estate enforce liability against TOD property, apportioned among multiple properties by net value. If no estate administration was granted within two years after death, no such proceeding may begin.
New Hampshire also uses an expanded Medicaid recovery estate. RSA 167:14-a expressly reaches revocable trusts and certain post-2005 joint-tenancy and life-estate interests. TOD property is separately exposed through § 563-D:16 when Medicaid has an allowed estate claim and probate assets are insufficient. A TOD deed is therefore not a reliable Medicaid shield.
After death
Current RSA 563-D:22 requires the beneficiary to record a notarized notice-of-death affidavit within 60 days after death. The statute expressly says late filing is not a condition of the title transfer, but it remains a filing duty.
What trips people up
- Both deadlines matter. Recording on day 61 is void even if the owner is alive.
- Every affected county matters. Land crossing county lines requires recording in each.
- A will cannot revoke the deed. Use a timely recorded instrument under § 563-D:11.
- Probate avoidance is not creditor avoidance. Allowed claims can reach the property.
Statutes and sources
- RSA chapter 563-D — https://gc.nh.gov/rsa/html/LVI/563-D/563-D-mrg.htm (accessed 2026-08-13)
- RSA 477:3 — https://gc.nh.gov/rsa/html/XLVIII/477/477-3.htm (accessed 2026-07-11)
- RSA 167:14-a — https://gc.nh.gov/rsa/html/XII/167/167-14-a.htm (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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