New Hampshire Transfer-on-Death Deed

At a glance

How the deed works

New Hampshire recently adopted transfer-on-death deeds by enacting the Uniform Real Property Transfer on Death Act, RSA chapter 563-D, which took effect July 1, 2024. An owner may name a beneficiary who takes the real estate automatically at the owner's death, keeping the property out of probate, while the owner retains full ownership and control during life. Because the law is new, this is an area where confirming current practice with the county Registry of Deeds is especially worthwhile.

The deed must be signed and acknowledged like any New Hampshire deed and must state that the transfer takes effect on the transferor's death. RSA 563-D imposes a strict recording rule: the deed must be recorded in the Registry of Deeds for the county where the property is located within 60 days of the date it was executed, and before the transferor's death. Miss that 60-day window and the deed is ineffective even if the owner is still living.

The beneficiary acquires no interest while the owner is alive and need not be notified or accept during that time. RSA 563-D:19 provides an optional statutory form. This is educational information rather than legal advice; consult an attorney licensed in New Hampshire or the county Registry of Deeds to confirm the requirements.

Recording & execution requirements

A transfer-on-death deed only works if it is executed and recorded correctly. In New Hampshire:

• Recording before death: Must be recorded within 60 days of execution and before the owner's death.
• Governing statute: N.H. Rev. Stat. Ann. ch. 563-D RSA ch. 563-D — Uniform Real Property Transfer on Death Act · effective July 1, 2024.

Changing or revoking the deed

A recorded TOD deed remains revocable during the owner's life. Under RSA 563-D:11 the owner revokes by executing and recording either a new TOD deed or a separate instrument of revocation — subject to the same 60-day-from-execution and before-death recording timing. The statute specifically provides that once recorded, the deed may not be revoked by a revocatory act on the deed itself (such as crossing it out).

A later will generally cannot revoke a recorded TOD deed, and where multiple TOD deeds exist for the same property the last one properly recorded before death controls.

Mortgages, Medicaid & community property

Existing mortgages and liens

A TOD deed transfers the property subject to existing encumbrances. The beneficiary takes title burdened by any mortgage, tax lien, or judgment lien of record; recording a TOD deed does not pay off or remove those debts, which remain attached to the real estate.

Medicaid estate recovery

A TOD deed does not by itself protect the home from Medicaid estate recovery. New Hampshire Medicaid (administered by the Department of Health and Human Services) may pursue recovery against a deceased recipient's estate, and whether recovery reaches property passing by TOD deed is a fact-specific question that the recent statute does not settle in the owner's favor. Anyone who relies on or expects to need Medicaid long-term-care benefits should consult an attorney and confirm the current estate-recovery scope with DHHS before depending on a TOD deed.

Community property

New Hampshire is a common-law (separate-property) state. New Hampshire is a common-law (non-community-property) state, so no community-property survivorship regime interacts with a TOD deed. Married co-owners should confirm how they hold title, because a joint tenancy with right of survivorship generally passes to the surviving co-owner ahead of any TOD-deed beneficiary.

State-specific quirks

Where to read next

• New Hampshire estate & inheritance tax — whether New Hampshire taxes what you leave behind, and the small-estate probate ceiling, each figure cited to the statute.
• The Executor & Heir’s Guide — the probate deadlines for New Hampshire, cited to the controlling statute.
• Funding a revocable trust — a common way to keep many kinds of property out of probate.
• ← Back to the transfer-on-death deed comparison

Sources & methodology