Nobody loves thinking about writing a will. It can feel overwhelming, uncomfortable, or like something you’ll “get around to someday.” But here’s the thing: if you don’t take the time to put your wishes in writing, the State of New Hampshire has a plan for you—and it may not be what you had in mind.
Let’s break it down.
When You Pass Without a Will
If you die without a will, you’re considered to have died “intestate.” That means your property doesn’t get distributed based on your preferences—it gets distributed according to New Hampshire’s intestacy laws.
Think of it as the state’s “default estate plan.”
Who Inherits Under New Hampshire Law?
Here’s how the order usually works:
- If you’re married with no children and no living parents: Your spouse inherits everything.
- If you’re married with children (all from the same spouse): Your spouse gets the first $250,000 plus half of the balance. The rest goes to your children.
- If you’re married with children from a prior relationship: Your spouse gets the first $150,000 plus half of the balance, and your children share the rest.
- If you’re married and your parents are still living (but you have no children): Your spouse gets the first $250,000 plus three-quarters of the balance, and your parents get the rest.
- If you’re single with children: Everything goes to your children, split equally.
- If you’re single with no children: Your parents inherit. If your parents are gone, your siblings (or their descendants) inherit.
And if you pass away with no living relatives at all? Your estate “escheats,” which means it goes to the State of New Hampshire.
Why This Can Be a Problem
On the surface, the state’s plan might not sound so bad—but here’s why it often causes problems:
- No say in guardianship: If you have minor children, the court decides who raises them.
- Unintended consequences: A blended family may not receive the support you wanted to provide.
- Family disputes: “Fair” in the eyes of the law doesn’t always feel fair to the people you love.
- No protection for non-family: Unmarried partners, stepchildren, and close friends are left out completely.
The Bottom Line
Not having a will in New Hampshire means leaving some of your most important decisions up to state law and the probate court. That’s a gamble most people don’t want to take.
Creating a will ensures that:
✅ Your assets go where you want them.
✅ Your children are cared for by the people you trust most.
✅ You minimize stress, confusion, and disputes for your family.
The good news? Making a will doesn’t have to be intimidating. With the right guidance, you can have peace of mind knowing your wishes—and your loved ones—are protected.
👉 Ready to take control of your future? Our team is here to help you create a plan that reflects your goals, your family, and your peace of mind.