TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES
Chapter 563-D
UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT
Section 563-D:1
563-D:1 Short Title. –
This chapter may be cited as the Uniform Real Property Transfer on Death Act.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:2
563-D:2 Definitions. –
In this chapter:
I. "Beneficiary" means a person that receives property under a transfer on death deed.
II. "Designated beneficiary" means a person designated to receive property in a transfer on death deed.
III. "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant. The term does not include a tenant in common.
IV. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
V. "Property" means an interest in real property located in this state which is transferable on the death of the owner.
VI. "Transfer on death deed" means a deed authorized under this chapter and intended to transfer property upon the death of the transferor.
VII. "Transferor" means an individual who makes a transfer on death deed.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:3
563-D:3 Applicability. –
This chapter applies to a transfer on death deed made on or after the effective date of this chapter by a transferor dying on or after the effective date of this chapter.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:4
563-D:4 Nonexclusivity. –
This chapter does not affect any method of transferring property otherwise permitted under the law of this state.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:5
563-D:5 Transfer on Death Deed Authorized. –
An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:6
563-D:6 Transfer on Death Deed Revocable. –
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. Notwithstanding the foregoing, this act shall not preclude legal or equitable relief in the event the transferor repudiates a promise not to revoke a transfer on death deed.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:7
563-D:7 Transfer on Death Deed Nontestamentary. –
A transfer on death deed is nontestamentary.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:8
563-D:8 Capacity of Transferor. –
The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will, as such standard is articulated in RSA 551:1.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:9
563-D:9 Requirements. –
A transfer on death deed is void unless it:
I. Meets the requirements set forth in RSA 477:3;
II. Bears the title 'Transfer on Death Deed';
III. States that the transfer to the designated beneficiary is to occur at the transferor's death; and
IV. Is recorded:
(a) Prior to the transferor's death;
(b) Within 60 days following the date of execution; and
(c) At length in the registry of deeds for the county or counties in which the real estate lies.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:10
563-D:10 Notice, Delivery, Acceptance, Consideration Not Required. –
A transfer on death deed is effective without:
I. Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or
II. Consideration.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:11
563-D:11 Revocation by Instrument Authorized; Revocation by Act not Permitted. –
I. (a) Subject to subparagraph (b), an instrument executed with the formalities of a deed pursuant to RSA 477:3 is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
(1) Is one of the following:
(A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(B) An instrument of revocation that expressly revokes the deed or part of the deed; or
(C) A deed that expressly revokes the transfer on death deed or part of the deed; and
(2) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and is recorded at length in the registry of deeds for the county or counties in which the real estate lies by the earlier to occur of:
(A) Sixty days from the execution of the instrument; and
(B) The transferor's date of death.
(b) If a transfer on death deed is made by more than one transferor:
(1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and
(2) A deed of joint owners is revoked only if it is revoked by all of the living joint owners.
II. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
III. This section does not limit the effect of an inter vivos transfer of the property.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:12
563-D:12 Effect of Transfer on Death Deed During Transferor's Life. –
During a transferor's life, a transfer on death deed does not:
I. Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
II. Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
III. Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
IV. Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
V. Create a legal or equitable interest in favor of the designated beneficiary; or
VI. Subject the property to claims or process of a creditor of the designated beneficiary.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:13
563-D:13 Effect of Transfer on Death Deed at Transferor's Death. –
I. Except as otherwise provided in the transfer on death deed, in this section, or in RSA 563-D:14, upon the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
(a) Subject to subparagraph (b), the interest in the property is transferred to the designated beneficiary in accordance with the deed.
(b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor, and unless the transfer on death deed provides otherwise, the interest of a designated beneficiary who fails to survive the transferor lapses. RSA 551:12 shall not apply to a transfer on death deed.
(c) Subject to subparagraph (d), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no rights of survivorship, unless the transfer on death deed specifically creates a joint tenancy between or among the transferees.
(d) If the transferor has identified 2 or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or others in proportion to their respective interests in the remaining part of the property, unless the transfer on death deed provides otherwise.
II. Subject to RSA 477, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, other interests to which the property is subject at the transferor's death, and claims of creditors of the estate of the transferor as provided in RSA 563-D:16. For purposes of this section and RSA 477, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.
III. If a transferor is a joint owner and is:
(a) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or
(b) The last surviving joint owner, the transfer on death deed is effective.
IV. A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
V. Property conveyed by a transfer on death deed shall not be considered part of the probate estate for purposes of a spouse's right to an elective share pursuant to RSA 560:10.
VI. Property conveyed by a transfer on death deed shall not be included for purposes of determining the share payable to a pretermitted heir of the transferor pursuant to RSA 551:10.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:14
563-D:14 Designated Beneficiary Presumed to Have Predeceased Transferor. –
A beneficiary designated in a transfer on death deed shall be deemed to have predeceased the transferor under the following circumstances:
I. The divorce or annulment of the marriage between the transferor and such designated beneficiary, so long as the divorce or annulment has taken place subsequent to the execution of the transfer on death deed, unless the transfer on death deed provides otherwise; and
II. The death of the transferor, if intentionally and unlawfully caused by such designated beneficiary, but only if principles of equity warrant revocation.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:15
563-D:15 Disclaimer. –
A beneficiary may disclaim all or part of the beneficiary's interest as provided by RSA 563-B.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:16
563-D:16 Liability For Creditor Claims And Statutory Allowances. –
I. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed.
II. If more than one property is transferred by one or more transfer on death deeds, the liability under paragraph I is apportioned among the properties in proportion to their net values at the transferor's death.
III. If no administration shall have been granted upon the estate of the deceased transferor within 2 years from the transferor's date of death, no proceeding to enforce the liability under this section shall be commenced.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:17
563-D:17 Validity of Transfer On Death Deed. –
I. A transfer on death deed or a revocation of a transfer on death deed is deemed to be valid if it was created or revoked in accordance with this chapter.
II. An action to contest the validity of a transfer on death deed or a revocation of a transfer on death deed must be commenced within the later of:
(a) One year after the transferor's death; or
(b) Six months after the appointment of the administrator of the transferor's estate, if the administrator was appointed within one year after the death of the transferor.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:18
563-D:18 Guardian and Agent May Not Modify Beneficiary Designation Unless Authorized. –
I. The duly appointed conservator or guardian of the owner of the property may neither execute nor revoke a transfer on death deed unless expressly authorized to do so by court order.
II. Unless the power of attorney otherwise provides, an express grant of authority to create or change a beneficiary designation includes the authority to execute or revoke a transfer on death deed.
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:19
563-D:19 Optional Form of Transfer on Death Deed. –
The following form may be used to create a transfer on death deed. The other sections of this chapter govern the effect of this or any other instrument used to create a transfer on death deed.
NOTICE: This deed must be recorded by the earlier of 60 days from date of execution or the date of the owner's (transferor's) death, or it will not be effective.
REVOCABLE TRANSFER ON DEATH DEED
THIS REVOCABLE TRANSFER ON DEATH DEED, dated ______ , is made by ______ (name of owner(s) making this deed) of __________ (mailing address of owner(s)).
This Revocable Transfer of Death Deed is made pursuant to the Uniform Real Property Transfer on Death Act, New Hampshire RSA 563-D. In accordance with the provisions of N.H. RSA 563-D, at my death, I transfer and convey my interest in the below described property to my designated beneficiary/beneficiaries as follows:
PRIMARY BENEFICIARY
I designate ______ (name of beneficiary) of ______ (mailing address of beneficiary) as the designated beneficiary if he/she survives me.
(Add additional primary beneficiaries as desired.)
SECONDARY BENEFICIARY (optional)
I designate ______ (name of secondary beneficiary) of ______ (mailing address of secondary beneficiary) as the designated beneficiary if my primary beneficiary does not survive me.
(Add additional secondary beneficiaries as desired.)
PROPERTY
The real property that shall be transferred at my death pursuant to this Revocable Transfer on Death Deed is located in the Town (City) of ______ , County of ______ , State of New Hampshire, and is more particularly bound and described as follows:
(Insert legal description of land or interest being conveyed including encumbrances, reservations, and exceptions. A street address by itself is not sufficient.)
Before my death, I have the right to revoke this deed.
This deed is exempt from real estate transfer tax as a revocable transfer on death deed for no consideration pursuant to RSA 78-B:2, XXV.
Executed this ___ day of ______
__________________________________________________
Signature of owner
(Add additional owners as needed.)
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ___ day of ______ by ______ (name of owner).
__________________________________________________
Notary Public/Justice of the Peace
My commission expires: ______
Notary Seal or Stamp:
(Add additional acknowledgments as needed.)
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:20
563-D:20 Optional Form of Revocation. –
The following form may be used to create an instrument of revocation under this chapter. The other sections of this chapter govern the effect of this or any other instrument used to revoke a transfer on death deed.
NOTICE: This revocation must be recorded by the earlier of 60 days from date of execution or the owner's date of death, or it will not be effective.
REVOCATION OF REVOCABLE TRANSFER ON DEATH DEED
Identifying information:
Owner or owners of property making this revocation:
| | | | | |
| _ | | _ | |
| Print name of owner | | Owner's mailing address | |
(Add lines as needed for additional owners.)
PROPERTY
The real property is located in the Town (City) of ______ , County of ______ , State of New Hampshire, and is more particularly bound and described as follows:
(Insert legal description of land or interest including encumbrances, reservations, and exceptions. A street address by itself is not sufficient.)
I revoke all my previous transfers of this property by revocable transfer on death deed, pursuant to the Uniform Real Property Transfer on Death Act, New Hampshire RSA 563-D.
Signature of owner(s) making this revocation:
(Add lines as needed for additional owners.)
STATE OF ______
COUNTY OF ______
The foregoing instrument was acknowledged before me this ___ day of ______ by ______ (name of owner).
__________________________________________________
Notary Public/Justice of the Peace
My commission expires: ______
Notary Seal or Stamp:
(Add additional acknowledgments as needed.)
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:21
563-D:21 Relation to Electronic Signatures in Global and National Commerce Act. –
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Source. 2024, 1:1, eff. July 1, 2024.
Section 563-D:22
563-D:22 Notice of Death Affidavit. –
Beneficiaries who receive real property under a transfer on death deed shall file, within 60 days following the death of the transferor, a notice of death affidavit for recording at the registry of deeds in the county where the real property is located. The notice of death affidavit shall contain the name and address of each beneficiary of the transfer on death deed, the street address of the property, the date of the transfer on death deed, the book and page number at which the transfer on death deed was recorded prior to the transferor's death, the name of the deceased transferor, the date and place of death, and the name and address to which all future tax bills should be mailed. The affidavit shall be notarized. After recording the notice of death affidavit, the register of deeds shall return the original affidavit to the person who filed it and transmit a copy of the affidavit to the tax assessor of the municipality where the property is located, in accordance with RSA 478:14. The filing of the notice of death affidavit is not a condition of the transfer of title.
Source. 2025, 114:1, eff. Aug. 22, 2025.