Where the estate is opened.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In New Hampshire, the estate is opened in the Probate court.
RSA 553 provides for appointment of an administrator by the probate court. Except for waiver estates, the administrator gives bond, returns an inventory within 90 days, and renders an account within one year. The clerk publishes notice of appointment, except that no publication is required when the estate has a gross value of $10,000 or less. Waiver of administration under RSA 553:32 drops the inventory, bond, and accounting requirements in listed situations, such as a sole beneficiary who is also the administrator. Summary administration under RSA 553:33, for other estates, may be requested not less than 6 months after appointment and eliminates the final account.
Source: RSA 553:13 and RSA 553:32
Small estate
New Hampshire has a small-estate procedure. The statute states who can use it.
The opened chapter does not state a collection-by-affidavit dollar limit. RSA 553:32 is waiver of administration based on who the beneficiaries and the administrator are, not a dollar cap. RSA 553:33 is summary administration to close an estate not less than 6 months after appointment, with no dollar cap on the page. There is no affidavit limit on the official page. RSA 553:16 separately says publication of notice of appointment is not required when the gross value is $10,000 or less. That is a notice rule, not an affidavit procedure.
Source: RSA 553:33
Estate or inheritance tax
New Hampshire's estate tax on the page linked below is tied to a federal credit.
RSA 87:1 imposes an estate tax on the transfer of the estate of every decedent who leaves an estate subject to federal estate tax and who has property in New Hampshire. The amount equals the maximum federal estate tax credit allowable for state death taxes with respect to property subject to New Hampshire's jurisdiction. The tax is imposed in every case in which that credit is available on the federal estate tax return.
Source: RSA 87:1
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in New Hampshire?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in New Hampshire?
The opened chapter does not state a collection-by-affidavit dollar limit. RSA 553:32 is waiver of administration based on who the beneficiaries and the administrator are, not a dollar cap. RSA 553:33 is summary administration to close an estate not less than 6 months after appointment, with no dollar cap on the page. There is no affidavit limit on the official page. RSA 553:16 separately says publication of notice of appointment is not required when the gross value is $10,000 or less. That is a notice rule, not an affidavit procedure.
Does New Hampshire tax an estate or an inheritance?
RSA 87:1 imposes an estate tax on the transfer of the estate of every decedent who leaves an estate subject to federal estate tax and who has property in New Hampshire. The amount equals the maximum federal estate tax credit allowable for state death taxes with respect to property subject to New Hampshire's jurisdiction. The tax is imposed in every case in which that credit is available on the federal estate tax return.
Sources
These are the statute and court pages used above.