TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 562-A
EFFECT OF MURDER ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS
Section 562-A:1
562-A:1 Definitions. –
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
I. "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary designated in a governing instrument.
II. "Governing instrument" means a governing instrument executed by the decedent.
III. "Murder" means murder in the first degree as defined under RSA 630:1-a or murder in the second degree committed knowingly as defined under RSA 630:1-b, I(a) or a reasonably equivalent offense under federal law, the law of another state, or the law of a foreign country if the legal system of such country affords sufficient due process protections that a conviction thereunder can be deemed just and reliable. However, "murder" does not include conduct of a person that could be charged as the crime of causing or aiding a suicide as defined under RSA 630:4 even if such conduct also could be or has been charged under RSA 630:1-a or RSA 630:1-b, I(a).
IV. "Revocable," with respect to a disposition, appointment, provision, or nomination, means one under which the decedent, at the time of or immediately before death, was alone empowered, by law or under the governing instrument, to cancel the designation in favor of the killer, whether or not the decedent was then empowered to designate the decedent in place of the killer, and whether or not the decedent then had capacity to exercise the power.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:2
562-A:2 Forfeiture of Statutory Benefits. –
An individual who murders the decedent forfeits all benefits under this title with respect to the decedent's estate. If the decedent died intestate, the decedent's intestate estate passes as if the killer predeceased the decedent.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:3
562-A:3 Revocation of Benefits Under Governing Instruments. –
The murder of the decedent:
I. Revokes any revocable:
(a) Disposition or appointment of property made by the decedent to the killer in a governing instrument;
(b) Provision in a governing instrument conferring a general or nongeneral power of appointment on the killer; and
(c) Nomination of the killer in a governing instrument nominating or appointing the killer to serve in any fiduciary or representative capacity, including as a personal representative, executor, trustee, or agent; and
II. Severs the interests of the decedent and killer in property held by them at the time of the murder as joint tenants with the right of survivorship, transforming the interests of the decedent and killer into equal tenancies in common.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:4
562-A:4 Effect of Severance or Revocation. –
I. A severance under RSA 562-A:3, II does not affect any third-party interest in property acquired for value and in good faith reliance on an apparent title by survivorship in the killer unless a writing declaring the severance has been noted, registered, filed, or recorded in records appropriate to the kind and location of the property that are relied upon, in the ordinary course of transactions involving such property, as evidence of ownership.
II. Provisions of a governing instrument are given effect as if the killer predeceased the decedent.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:5
562-A:5 Murder; How Determined. –
I. After all right to appeal has been exhausted, a judgment of conviction establishing criminal responsibility for commission of the murder of the decedent conclusively establishes the convicted individual as the decedent's killer for purposes of this chapter.
II. In the absence of a criminal conviction, an individual's status as the person responsible for commission of the murder of the decedent as defined in this chapter is conclusively established by a final civil judgment to that effect entered against the individual by a court of competent jurisdiction.
III. If an individual's status as the killer of the decedent has not been established pursuant to paragraphs I or II, the executor or administrator of the decedent's estate, or any person who would have received anything of value upon the death of the decedent by inheritance, under a governing instrument, or by operation of law if the individual had predeceased the decedent, may bring a civil action against the individual in a court of competent jurisdiction to have the court determine by a preponderance of the evidence whether the individual was responsible for the murder of the decedent as defined in this chapter. The plaintiff in such action may recover any money or property rightly belonging to or due to the plaintiff as a result of the individual's murder of the decedent, and the court may order such equitable relief, including but not limited to the imposition of a constructive trust upon money or property held by the individual, as the court finds just and proper to afford appropriate relief to the plaintiff. At the time of initiating such action the plaintiff shall provide notice thereof to the New Hampshire department of justice, which shall have the right to intervene in the case for the limited purpose of requesting that the court stay the proceedings for a reasonable time, place limits on discovery, or take other appropriate measures to protect the integrity of any criminal investigation or prosecution related to the death of the decedent which is ongoing or represented by the department to be promptly undertaken. The court, on its own motion or on the motion of any interested party shall stay the civil proceedings for a reasonable time upon a showing of good cause, and may issue such protective orders as justice may require. In no event shall the court stay the civil action beyond the time of entry of a final judgment by the trial court in the criminal case against the individual regardless of whether an appeal is taken in that case. If the court grants a stay or other relief to the department of justice under this paragraph, it shall grant such temporary or interim relief to the plaintiff as the court determines to be necessary to prevent the transfer, concealment, or removal from the jurisdiction of any money or property that may be awarded to the plaintiff in a final judgment.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:6
562-A:6 Protection of Payors and Other Third Parties –
I. A payor or other third party is not liable for having made a payment or transferred an item of property or any other benefit to a beneficiary designated in a governing instrument affected by a murder or for having taken any other action if that payment, transfer, or other action is made in good faith reliance on the validity of the governing instrument, upon request and satisfactory proof of the decedent's death, before the payor or other third party received written notice of a claimed forfeiture or revocation under this chapter. A payor or other third party is liable for a payment or transfer made or other action taken after the payor or other third party received written notice of a claimed forfeiture or revocation under this chapter.
II. Written notice of a claimed forfeiture or revocation under paragraph I must be mailed to the payor's or other third party's main office or home by registered or certified mail, return receipt requested, or served upon the payor or other third party in the same manner as a summons in a civil action. Upon receipt of written notice of a claimed forfeiture or revocation under this chapter, a payor or other third party may pay any amount owed or transfer or deposit any item of property held by the payor or other third party to or with the court having jurisdiction of the probate proceedings relating to the decedent's estate or, if no proceedings have been commenced, to or with the court having jurisdiction of probate proceedings relating to decedents' estates located in the county of the decedent's residence. The court shall hold the funds or item of property and, upon its determination under this chapter, shall order disbursement in accordance with the determination. Payments, transfers, or deposits made to or with the court discharge the payor or other third party from all claims for the value of amounts paid to or items of property transferred to or deposited with the court.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:7
562-A:7 Protection of Bona Fide Purchaser; Personal Liability of Recipient. –
I. A person who purchases property for value and without notice, or who receives a payment, an item of property or any other benefit in partial or full satisfaction of a legally enforceable obligation, is neither obligated under this chapter to return the payment, item of property, or benefit nor liable under this chapter for the amount of the payment or the value of the item of property or benefit. A person who, not for value, receives a payment, item of property, or other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who is entitled to it under this chapter.
II. If this chapter or any part of this chapter is preempted by federal law with respect to a payment, an item of property, or any other benefit covered by this chapter, a person who, not for value, receives the payment, item of property, or other benefit to which the person is not entitled under this chapter is obligated to return the payment, item of property, or benefit, or is personally liable for the amount of the payment or the value of the item of property or benefit, to the person who would have been entitled to it were this chapter or part of this chapter not preempted.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:8
562-A:8 Time of Application of Forfeiture. –
Notwithstanding any other provision of law to the contrary, a forfeiture arising under this chapter may be determined at any time prior to the closure of the decedent's estate by the probate court. This chapter shall be construed to apply to all estates that have not been closed by the probate court prior to the effective date of this chapter.
Source. 2025, 237:1, eff. July 15, 2025.
Section 562-A:9
562-A:9 Criminal Prosecution Not Affected. –
Nothing in this chapter shall be construed to limit the ability of the state of New Hampshire to take any action or utilize any process to enforce the criminal laws of this state. A final decision on the merits rendered by a court in a civil proceeding brought by a private person, an estate, or an administrator pursuant to RSA 562-A:5, II or III shall not be construed to have any preclusive effect on any criminal prosecution.
Source. 2025, 237:1, eff. July 15, 2025.