Detailed Answer

What probate is and why it matters

Probate is the court-supervised process that transfers assets titled in a deceased person’s name. Probate can add time, cost, and public record to the distribution of an estate. Whether an asset goes through probate depends mainly on how the asset is titled and whether a legal beneficiary is named.

Wills do NOT generally avoid probate

A last will and testament directs how you want probate assets distributed and names a personal representative to handle the estate. But a will itself becomes effective only through probate. In other words, assets that are owned solely in your name at death and that don’t have a named beneficiary or joint owner generally have to be handled through probate under New Hampshire law. For general information about probate administration in New Hampshire, see the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/.

Beneficiary designations transfer assets outside probate

Many financial assets bypass probate when you name a valid beneficiary. Common examples include:

• Life insurance proceeds paid to a named beneficiary.
• Retirement accounts (IRAs, 401(k)s) that list a primary beneficiary.
• Payable-on-death (POD) bank accounts or transfer-on-death (TOD) registrations for brokerage accounts that name a beneficiary.

When a beneficiary designation is valid and in effect, the asset typically passes directly to that beneficiary without probate. That makes beneficiary designations one of the most effective ways to avoid probate for many financial accounts.

Joint ownership and survivorship rights

Accounts or real property owned jointly with right of survivorship pass directly to the surviving joint owner(s) at death. Joint ownership can transfer property outside probate, but joint titling has risks (creditor exposure, unintended tax consequences, or loss of control). Consider the trade-offs before using joint ownership solely to avoid probate.

Trusts as a probate-avoidance tool

A revocable living trust lets you title assets in the trust’s name while you are alive and name successors to receive those assets at your death. Because the trust owns the assets, they typically avoid probate. Trusts can handle real estate, bank and brokerage accounts, and other assets when retitled properly. Trusts require careful setup and ongoing funding (moving assets into the trust) to be effective.

How documents interact: beneficiary designations often override wills

When an asset has a valid beneficiary designation, that designation usually controls distribution regardless of what your will says. For example, if your will leaves your retirement account to Person A but the account names Person B as beneficiary, the retirement account will go to Person B outside probate. Periodically review and update beneficiary forms (primary and contingent) to reflect your wishes.

Small estates and alternatives

New Hampshire provides probate procedures for estate administration and may offer simplified procedures for small estates or certain types of transfers. For specific procedural rules, forms, and thresholds, check the New Hampshire probate resources: https://www.courts.state.nh.us/probate/, and consult the New Hampshire Revised Statutes (search the statutes index at https://www.gencourt.state.nh.us/rsa/html/indexes/default.html).

Common pitfalls to avoid

• Failing to coordinate your will and beneficiary designations. Beneficiary forms typically trump wills.
• Leaving assets titled solely in your name without beneficiaries or joint owners—those assets will likely go through probate.
• Assuming joint ownership is always appropriate; it can create tax or creditor issues.
• Not retitling accounts after major life events (marriage, divorce, births, deaths).
• Not funding a trust—naming a trust in a will doesn’t avoid probate unless the asset is retitled into the trust before death.

Practical steps to reduce or avoid probate in New Hampshire

1. Take an inventory of assets and check how each item is titled.
2. Confirm beneficiaries on life insurance, retirement accounts, and payable-on-death accounts. Add contingent beneficiaries.
3. Consider titling some nonretirement accounts as POD/TOD or retitling into a properly drafted revocable trust.
4. Use joint ownership only after understanding the consequences.
5. Keep an up-to-date will to direct probate assets and name a personal representative.
6. Review documents after major life events and at least every 2–3 years.
7. Consult an attorney for complex estates, out-of-state property, blended families, or tax concerns.

Where to check New Hampshire law and forms

For statutory rules and forms, visit the New Hampshire Judicial Branch probate pages: https://www.courts.state.nh.us/probate/. For the full text of New Hampshire statutes, use the Revised Statutes Annotated index: https://www.gencourt.state.nh.us/rsa/html/indexes/default.html. If you want to look up specific topics such as wills or intestacy, search the RSA index for the relevant chapters (for example, search for the chapter on wills and probate procedure).

Bottom line: A will alone does not avoid probate in New Hampshire. Beneficiary designations, joint survivorship, payable-on-death/TOD designations, and properly funded revocable trusts can transfer many assets outside probate. Coordinate all documents and account titles and consult a New Hampshire attorney to implement the plan that fits your family and assets.

Helpful Hints

• Make a master list of all accounts, policies, titles, and named beneficiaries. Keep it somewhere safe and tell your trusted person where it is.
• Name both primary and contingent beneficiaries on retirement accounts and insurance policies.
• Review beneficiaries after marriage, divorce, births, adoptions, and deaths. An outdated beneficiary form can override your will.
• Don’t assume joint ownership is the best probate-avoidance tool. Ask about tax and creditor exposure first.
• If you create a trust to avoid probate, move (retitle) assets into the trust while you are alive.
• Keep a current, signed will to control assets that cannot be transferred by beneficiary designation.
• Use the New Hampshire probate court resources for forms and local rules: https://www.courts.state.nh.us/probate/.
• When in doubt, consult a New Hampshire probate or estate planning attorney. Complex cases (out-of-state property, business interests, blended families, significant tax exposure) benefit from professional advice.

Disclaimer: This content is educational only and does not constitute legal advice. Laws change and every situation differs. For legal advice about your specific facts in New Hampshire, consult a licensed attorney.