Your New Hampshire estate plan is either protecting your family or setting them up for a probate mess. The tax savings alone will not save them.
New Hampshire has no estate tax. No inheritance tax. No income tax. No sales tax. As of 2025, even the Interest and Dividends tax is gone. It is one of the most tax-friendly states in the country for passing wealth to the next generation.
But zero taxes do not mean zero friction. Die without a will and RSA 561:1 splits your assets by formula. If you have children from a prior relationship, your surviving spouse receives the first $100,000 plus half the remaining balance — and your stepchildren inherit nothing. Your unmarried partner inherits nothing. The court appoints an administrator, and if that person lives out of state, they must formally appoint a resident agent using Form NHJB-2120-P just to accept legal notices.
Even with a will, the January 2026 Estate of Hafey ruling proved that a single witness error — initialing pages instead of signing as attesting witnesses — can invalidate the entire document. The New Hampshire Supreme Court rejected substantial compliance entirely. The will was thrown out. The estate went to intestacy. A lifetime of planning erased by a procedural misstep.
That is what the New Hampshire Basic Estate Planning Kit solves: the Granite State Execution System — a statute-by-statute walkthrough that turns RSA requirements into step-by-step checklists, signing protocols, and county-specific filing instructions for all 10 New Hampshire registries of deeds. Not legal advice. Not a trust sales pitch. The operational roadmap that New Hampshire law already gives you the right to use.
What makes this different from free courthouse forms or a $99 online service
The New Hampshire Judicial Branch provides free PDF court forms — Petition for Estate Administration (NHJB-2145-P), Waiver of Full Administration Statement (NHJB-2144-Pe), estate trust account forms. These are excellent for post-death probate administration. But they explicitly do not include pre-death planning documents: no will template, no TOD deed, no signing protocol, no beneficiary coordination worksheet. The free forms handle the aftermath — this kit prevents the aftermath.
National platforms like LegalZoom charge $99 to $129 for a basic will and $399+ for a trust package, then push annual subscription fees. Their templates are national — they do not account for New Hampshire's 2026 homestead exemption tripling, the Transfer on Death deed enacted under RSA 563-D in 2024, the strict witness attestation rules confirmed by the Hafey ruling, or the municipal assessor notification requirements that vary by town. You pay more for less New Hampshire-specific coverage.
Self-help sites like Nolo and eForms still reference the old $120,000 homestead limit and outdated probate procedures. The legislative landscape has shifted dramatically since 2024, and the old content has not caught up.
The kit fills the gap between free government forms that only work after death and expensive platforms that charge for national templates dressed up in state-specific packaging.
What's inside — 13 chapters, every statute referenced
New Hampshire's Estate Planning Landscape — The complete tax picture: no income tax, no estate tax, no inheritance tax, and the 2025 Interest and Dividends repeal. Common law property rules, the trust-friendly statutes that eliminated the rule against perpetuities, and the 2026 Community Property Trust Act (RSA 564-B:13) that lets married couples transmute assets for a double step-up in tax basis. Plus a full asset inventory worksheet to map what you own before making any decisions.
Intestacy Under RSA 561 — The default distribution formula when you die without a will. How the surviving spouse's share changes depending on whether there are children, parents, or children from a prior relationship. The minor child trap that forces court-supervised guardianship. The blended family risk that gives stepchildren zero inheritance rights.
Creating a Valid Will — Every requirement of RSA 551:2, translated into a step-by-step signing protocol that eliminates the execution errors that destroyed the will in Estate of Hafey. Two credible witnesses, proper attestation language, the self-proving affidavit under RSA 551:2-a, key provisions to include, automatic revocation events, and the pretermitted heir statute that presumes omitted children were left out by mistake.
The 2026 Homestead Exemption — How HB 617 tripled the exemption from $120,000 to $400,000 per individual ($550,000 for co-owners). What the homestead protects against — and what it does not: property tax liens, Medicaid estate recovery, and voluntary mortgages are all carved out. The catastrophic illness exception that families miss.
Avoiding Probate — Every Tool NH Offers — Revocable living trusts, Transfer on Death deeds under RSA 563-D, joint tenancy, beneficiary designations, and the Waiver of Administration shortcut under RSA 553:32 that works regardless of estate size. How to combine these tools so nothing passes through the Circuit Court Probate Division. The critical reminder that New Hampshire repealed its small estate affidavit in 2005 — the simplified probate shortcut that most states offer does not exist here.
Medicaid Estate Recovery — How the DHHS Estate Recovery Unit uses expanded recovery to claim both probate and non-probate assets from recipients over age 55 — including revocable trusts established after July 1, 2005, joint tenancies, and life estates. Federal exemptions (surviving spouse, minor child, disabled child), the caregiver child exception, and the planning strategies that protect the family home without triggering look-back penalties.
Elective Share and Spousal Protections — RSA 560:10 prevents complete disinheritance of a surviving spouse. The elective share formula, how prenuptial agreements interact, and why TOD deed property is exempt from the calculation.
Digital Assets Under RUFADAA (RSA 554-A) — The three-tier priority hierarchy that determines who can access your email, social media, and financial accounts after death. Why sharing passwords violates terms of service and federal law. How to document digital access authority so your executor can actually manage your accounts.
Powers of Attorney and Advance Directives — Durable financial power of attorney and advance directive requirements under New Hampshire law. Agent qualifications, scope of authority, the critical gap between a general and limited POA, and how to coordinate your advance directive with a POLST order so your medical wishes survive a hospital transfer.
The Probate Process Step by Step — What happens when someone dies in New Hampshire: the Petition for Estate Administration, creditor notification, the 6-month claim window, the Waiver of Administration pathway, e-filing with the Circuit Court, and the municipal assessor notification requirements under RSA 554:18-a that trip up every DIY executor.
Plus: the 10-county registry of deeds directory with filing fees and e-filing portals, a when-to-hire-a-professional decision framework, and a 13-step action plan that sequences everything from asset inventory through document execution and distribution.
Who this is for
- Retirees who moved to New Hampshire — You relocated from Massachusetts, Connecticut, or Vermont. Your existing will was drafted under different rules. New Hampshire has different witness requirements, a unique elective share formula, and estate planning tools your old state may not offer. This kit updates your documents to match where you actually live.
- New Hampshire homeowners protecting their largest asset — Your home in Hillsborough, Rockingham, or Grafton County is your largest asset. A Transfer on Death deed keeps it out of probate. The kit walks through the exact execution, recording, and assessor notification process for your county.
- Blended families — Second marriage, children from prior relationships, stepchildren with no default inheritance rights. Under the pretermitted heir statute, omitted children are legally presumed to have been left out by mistake. A will is the only way to control who gets what.
- Families concerned about Medicaid estate recovery — Anyone over 55 who has received or may receive Medicaid benefits. New Hampshire's expanded estate recovery definition reaches further than most states — the kit explains the exemptions and the protective strategies.
- Adult children who have navigated probate — You have dealt with a parent's estate in the Circuit Court Probate Division. The municipal filings, the town assessor notifications, the creditor window. You know what happens without a plan, and you want to make sure your own family never faces it.
What you can stop worrying about
"A downloadable kit cannot be legally valid." New Hampshire does not require estate planning documents to be drafted by an attorney. The validity of your will depends on correct execution under RSA 551:2 — not on who prepared it. The kit provides the exact statutory attestation language and a signing protocol designed to pass the scrutiny of the Hafey precedent.
"I need an expensive trust to avoid probate." Not necessarily. A Transfer on Death deed keeps your home out of probate. Beneficiary designations handle financial accounts. The Waiver of Administration under RSA 553:32 eliminates inventory reports and bonds for uncontested estates of any size. A trust is worth considering for multi-state property or Medicaid planning — but most straightforward NH estates can bypass probate without one.
"I'll make a mistake on the forms." The kit includes the 10-county registry of deeds directory with filing fees, the municipal assessor notification process under RSA 554:18-a, and a step-by-step signing protocol for your will that accounts for the exact procedural defects the New Hampshire Supreme Court flagged in Hafey.
— Less Than One Hour of Attorney Time
New Hampshire estate planning attorneys charge $1,500 to $5,000 for a comprehensive estate plan. Even a basic will costs $300 or more when you add the hourly rate. The kit gives you the New Hampshire-specific guidance and execution checklists that cover what most families actually need — for less than one hour of attorney time.
Not a replacement for complex estate planning. A replacement for paying complex prices when your situation calls for a straightforward plan.
Instant download. 10 PDFs — complete guide, 8 standalone worksheets and reference sheets, plus the quick-start checklist. Complete your estate plan in one weekend.