NH Underwriting References

Probate & Estates

TS 7-22. Testacy. A Will is not effective unless it is: (a) Proved and allowed (with or without administration) in New Hampshire; or (b) Proved and allowed (with or without administration) in another jurisdiction, but only after authenticated copies of the will and probate have been filed in a New Hampshire Circuit Court - Probate Division, by decree of the court following application of a party in interest, and after such notice and hearing as the court may order. RSA 552:1, 13.

Title passes as of the date of death, subject to defeasance by the fiduciary acting either with the consent of those who would have taken title pursuant to the Will, or under license from the Circuit Court-Probate Division. See Standards 7-8, 7-19 and 7-26.

TS 7-23. Intestacy. In the case of intestacy, title passes to the heirs as of the date of death, subject to defeasance by the fiduciary acting either with the consent of the heirs, or under license from the Circuit Court - Probate Division. See Lane v. Thompson. 43 N.H. 320 (1861).

The fact of death and the identities of the surviving spouse, if any, and the heirs must normally be evidenced of record as follows: (a) Where death occurred prior to January 1, 1997, or more than 20 years prior to the date of search, recitals in affidavits or acknowledged instruments of record as to the fact of death and the identities of the surviving spouse, if any, and the heirs may be relied upon in the absence of any contrary information. A statement as to the identities of the heirs may be presumed to include all of the heirs, even if not expressly stated. (b) Where death occurred after January 1, 1997, and within 20 years prior to the date of search, but not within the period specified in the next subsection, recitals in affidavits or acknowledged instruments of record may be relied upon in the absence of contrary information, if such recitals state facts that establish the following: 1. The date of death and residence or domicile at death; 2. The nonexistence of a will; 3. Information regarding the surviving relatives and/or the value of the estate to the extent necessary to establish the identities of the heirs to the New Hampshire real estate; and 4. Whether and where any probate proceedings have been filed. (c) Where death occurred after January l, 1997, and within two years prior to the date of search, New Hampshire administration is required. See Standard 5-51.