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NH House Bill 68


State: New Hampshire
Signed: February 21, 2024

Effective: July 01, 2024
Chapter: 1


New Hampshire becomes the most recent state to enact the Uniform Real Property Transfer on Death Act, authorizing a transfer on death deed to convey property without going through probate.


Creates Chapter 563-D in Title LVI of the New Hampshire Revised Statutes.

  1. Requires the transfer on death deed to be recorded prior to the grantor's death within 60 days following the date of execution.
  2. Clarifies that a transfer on death deed is nontestamentary (is not a "last will" and is not required to be probated as such).
  3. Provides that the capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
  4. Provides a statutory transfer on death deed form.

In 2009, the Uniform Law Commission created the Uniform Real Property Transfer on Death Act to create a substitute for the transfer of real property at death. Traditionally, it took a last will or trust to accomplish this, but under the Act, a transfer on death deed can be executed to bequeath property at the death of the grantor instead. New Hampshire is now the 20th state to have enacted the Act. It requires the transfer on death deed to meet the requirements for deeds in RSA 477:3. This includes acknowledgment before a Notary. The official comment on this requirements states: “In the context of transfer on death deeds, the requirement of acknowledgment fulfills at least four functions. First, it cautions a transferor that he or she is performing an act with legal consequences. Such caution is important where, as here, the transferor does not experience the wrench of delivery because the transfer occurs at death. Second, acknowledgment helps to prevent fraud. Third, acknowledgment facilitates the recording of the deed. Fourth, acknowledgment enables the rule in Section 11 that a later acknowledged deed prevails over an earlier acknowledged deed” (Official Comment on Section 9(1)).

Read House Bill 68.