On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·On the record—Every fact sourced to a primary record·The standard—Advisors never pay for placement·Independent—A publication of AdvisorWorld.com Inc·Verification—Credentials checked with the issuing body·Sourcing—The IRS, state departments of revenue, and the courts·Corrections—When we're wrong, we fix the record and say so·
Est. MMXXVI · Advertiser-freeAdvisors never pay for placement
T
The Trusted Advisor
Retirement & estate planning, on the record❦Every fact sourced · Every advisor verified
State rules · New Hampshire

New Hampshire: estate, probate and Medicaid rules in one place

What applies in New Hampshire, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does New Hampshire have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for New Hampshire, so it cites no state statute; the state page records no state estate or inheritance tax.

Does New Hampshire have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for New Hampshire, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in New Hampshire?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed (RSA ch. 563-D — Uniform Real Property Transfer on Death Act; effective July 1, 2024).

What is the Medicaid look-back period in New Hampshire?

Look-back period: 60 months before the baseline date (New Hampshire Administrative Rules He-W 800; He-W 820 source document 12217 effective June 22, 2017).

Does New Hampshire tax Social Security benefits?

Social Security benefits: No state individual income tax (www.revenue.nh.gov; tax year 2026).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for New Hampshire, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for New Hampshire, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedVerified

Source: RSA ch. 563-D — Uniform Real Property Transfer on Death Act · Effective: effective July 1, 2024 · Checked July 26, 2026

Controlling statute
N.H. Rev. Stat. Ann. ch. 563-DVerified

Source: RSA ch. 563-D — Uniform Real Property Transfer on Death Act · Effective: effective July 1, 2024 · Checked July 26, 2026

Small-estate procedure

Statutory rule
No dollar cap; eligibility depends on beneficiary and administrator alignment; close between 6 months and 1 year after appointmentVerified

Source: N.H. Rev. Stat. § 553:32 · Effective: current through the 2021 amendment · Checked August 23, 2026

Opening and closing forms
Petition NHJB-2145-Pe opens the estate; statement NHJB-2144-Pe closes itVerified

Source: N.H. Judicial Branch, Waiver of Administration · Effective: court guide dated June 16, 2022 · Checked August 23, 2026

Closing statement
No outstanding estate debts; list all real estate; notify the local assessor when inherited real estate was not soldVerified

Source: N.H. Judicial Branch form NHJB-2144-Pe · Effective: form revision April 15, 2023 · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Nursing-facility income limit
$2,982 per month (300% of the 2026 SSI federal benefit rate)Verified
  • Applies to: categorically needy applicant under He-W 858.05.

Source: CMS 2026 SSI and January spousal-impoverishment standards · Also: New Hampshire Administrative Rules He-W 858.05 · Effective: SSI, resource, and home-equity standards effective January 1, 2026 · Checked September 5, 2026

Base long-term-care applicant resource limit
$2,500 plus qualifying long-term-care insurance coverageVerified
  • Applies to: single applicant before the He-W 856.07 adjustment; conforming long-term-care insurance coverage may also increase the amount.

Source: New Hampshire Administrative Rules He-W 856.06 · Effective: Source document 12017 effective October 25, 2016 · Checked September 5, 2026

Adjusted resource limit for named nursing-facility and HCBS pathways
$7,500 total resource standardVerified
  • Applies to: eligible applicant in a named pathway; the rule disregards only the amount above the applicable base limit needed to reach this total.

Source: New Hampshire Administrative Rules He-W 856.07 · Effective: Source document 14378 effective September 20, 2025 through September 20, 2035 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; the federal spousal share and appeal rules can increase the allowance.

Source: CMS 2026 SSI and January spousal-impoverishment standards · Also: New Hampshire Administrative Rules He-W 856.01 · Effective: SSI, resource, and home-equity standards effective January 1, 2026 · Checked September 5, 2026

Community-spouse minimum monthly maintenance-needs allowance
$2,705 base and $811.50 excess-shelter threshold per monthVerified
  • Applies to: institutionalized applicant with a community spouse; excess shelter costs may increase the allowance.

Source: CMS 2026 minimum maintenance-needs standards · Also: New Hampshire Administrative Rules He-W 854.16 through 854.21 · Effective: Minimum maintenance-needs amounts effective July 1, 2026 · Checked September 5, 2026

Community-spouse maximum monthly maintenance-needs allowance
$4,066.50 per monthVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: CMS 2026 SSI and January spousal-impoverishment standards · Also: New Hampshire Administrative Rules He-W 854.16 through 854.21 · Effective: SSI, resource, and home-equity standards effective January 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant without a spouse or qualifying minor or disabled child in the home.

Source: New Hampshire Administrative Rules He-W 800 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: He-W 820 source document 12217 effective June 22, 2017 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before the baseline dateVerified

Source: New Hampshire Administrative Rules He-W 800 · Effective: He-W 820 source document 12217 effective June 22, 2017 · Checked September 5, 2026

Transfer-penalty divisor
Not yet verified

The reviewed primary material did not provide a current, effective-dated value or rule for this cell.

· Checked September 5, 2026 · Ask the state agency

How the state administers the penalty
The divisor is the average daily private-pay nursing-facility cost, updated annually from the monthly amount divided by 30.42; the penalty uses the later-of start, aggregates transfers, and includes partial days.Verified

Source: New Hampshire Administrative Rules He-W 800 · Effective: He-W 820 source document 12217 effective June 22, 2017 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Expanded recovery reaches specified revocable-trust, joint-tenancy, and life-estate interests established on or after July 1, 2005, in addition to estate liability.Verified

Source: New Hampshire RSA 167:14-a · Also: New Hampshire RSA 167:14 · Effective: Last change effective May 7, 2010; interests established on or after July 1, 2005 · Checked September 5, 2026

Controlling authority
New Hampshire RSA 167:14, 167:14-a, and 167:16-a, with hardship procedure in He-W 895Verified

Source: New Hampshire RSA 167:14 · Also: New Hampshire RSA 167:14-a · Also: New Hampshire RSA 167:16-a · Also: New Hampshire Administrative Rules He-W 895 · Also: New Hampshire rulemaking notice 2026-134 for He-W 895 · Effective: Last change effective August 29, 2005 · Checked September 5, 2026

Exemptions and deferrals
Recovery is delayed while a surviving spouse, child under 21, or blind or disabled child survives; lien and home protections apply for specified siblings and caregiver children.Verified

Source: New Hampshire RSA 167:14 · Also: New Hampshire RSA 167:16-a · Effective: Last change effective August 29, 2005 · Checked September 5, 2026

Hardship waiver
An heir may file a written hardship-waiver request under He-W 895; the rule supplies criteria, timing, notice, and appeal procedures.Verified

Source: New Hampshire Administrative Rules He-W 895 · Also: New Hampshire rulemaking notice 2026-134 for He-W 895 · Effective: Source document 11170 effective August 26, 2016; extended under RSA 541-A:14-a · Checked September 5, 2026

Lien practice
A lien is limited to incorrect payments or a permanently institutionalized recipient after notice and hearing, subject to protected-relative exceptions; return home requires release.Verified

Source: New Hampshire RSA 167:16-a · Effective: Effective July 11, 2008 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: www.revenue.nh.gov · Effective: tax year 2026 · Checked June 20, 2026

Public pensions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: www.revenue.nh.gov · Effective: tax year 2026 · Checked June 20, 2026

Private pensions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: www.revenue.nh.gov · Effective: tax year 2026 · Checked June 20, 2026

IRA and 401(k) distributions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: www.revenue.nh.gov · Effective: tax year 2026 · Checked June 20, 2026

Military retirement pay
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: www.revenue.nh.gov · Effective: tax year 2026 · Checked June 20, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

All states