New Hampshire has allowed real-property Transfer on Death Deeds under RSA Chapter 563-D since July 1, 2024. A TOD deed can be a useful estate-planning tool, but it is not a magic “no probate, no title work, no creditors” document. It changes the title-transfer path and comes with specific execution, recording, beneficiary, and post-death rules.
A TOD deed transfers the owner’s interest at death while preserving the owner’s control during life.
The beneficiary receives no ownership interest merely because the TOD deed is recorded. The owner can still transfer or encumber the property. At death, the beneficiary takes subject to mortgages, liens, other interests, and the creditor provisions in RSA 563-D.
Before death: the deed has formal requirements
After death: title can pass, but work remains.
Non-probate does not mean no title-company conditions.
Northwoods has encountered a Northern New Hampshire sale where a TOD deed technically transferred the real estate outside probate, yet the buyer’s title company still required an estate to be opened and an administrator appointed before it would insure the closing. The lesson is not that TOD deeds “do not work.” The lesson is to start title review early and avoid guaranteeing that a TOD property can close without additional estate documentation.
Important TOD issues families often miss
Joint owners
Survivorship ownership can take priority while another joint owner survives. The TOD deed may not become effective until the last surviving joint owner dies.
Beneficiary dies first
RSA 563-D has default lapse and share rules unless the deed provides otherwise.
Divorce
The statute can treat a former spouse beneficiary as having predeceased the transferor after divorce or annulment unless the deed says otherwise.
Creditors
If the probate estate is insufficient, RSA 563-D:16 can allow estate liability to be enforced against TOD property within the statutory framework.
Disclaimer
A beneficiary may disclaim an interest under RSA 563-B. Real-property disclaimers can have recording requirements.
Transfer tax
The qualifying no-consideration TOD transfer is exempt under RSA 78-B, but a later market sale is a separate taxable transaction unless another exemption applies.
Read the current NH Transfer on Death Deed statute →
The Northwoods approach to the real-estate side.
A TOD deed can change how title passes at death, but it does not eliminate mortgages, liens, creditor questions, recording requirements, or every title-company issue. Northwoods can coordinate the real-estate side after the beneficiary and title path have been confirmed.
Transfer on Death Deed FAQs
What is a Transfer on Death Deed in New Hampshire?
A Transfer on Death Deed, or TOD deed, is a revocable deed authorized by RSA 563-D that transfers the owner’s real-property interest to one or more named beneficiaries at the owner’s death if the statutory requirements are satisfied.
Does a TOD beneficiary own part of the property while the owner is alive?
No. RSA 563-D provides that the beneficiary receives no legal or equitable interest during the transferor’s life merely because the TOD deed is recorded. The owner retains the right to transfer or encumber the property.
What makes a New Hampshire TOD deed valid?
Among other requirements, RSA 563-D:9 requires the instrument to meet deed formalities, bear the title “Transfer on Death Deed,” state that transfer occurs at death, and be recorded before death and within 60 days after execution in the registry where the property lies. Have an attorney prepare or review the deed rather than relying on a generic form.
What does the beneficiary have to do after the owner dies?
RSA 563-D:22 requires beneficiaries receiving the property to record a notarized Notice of Death Affidavit within 60 days after death containing specified information about the beneficiaries, property, recorded TOD deed, death, and future tax-bill address. The statute says the affidavit filing is not a condition of title transfer, but it remains a statutory filing requirement.
Does a TOD deed eliminate mortgages, liens, or estate creditor claims?
No. A beneficiary takes subject to the mortgages, liens, encumbrances, contracts, and other interests affecting the property at death. RSA 563-D also provides a mechanism for estate creditor claims against TOD property when the probate estate is insufficient.
Does a TOD deed guarantee I can immediately sell without probate?
No. The deed may transfer title outside the probate estate, but a title company may still require additional documents, resolve liens or creditor issues, confirm the death and beneficiary, or require estate/probate work based on the file. Start title review before promising a closing date.
What happens if there are multiple TOD beneficiaries?
Unless the deed provides otherwise, RSA 563-D has default rules for concurrent beneficiary shares and what happens when a beneficiary fails to survive the transferor. Multiple new owners can also create practical sale and management issues. The deed and title should be reviewed before anyone assumes the result.
Can a TOD beneficiary refuse the property?
RSA 563-D permits a beneficiary to disclaim all or part of the interest under RSA 563-B. A disclaimer has legal and tax consequences and should be handled with qualified counsel, including any required registry recording for real property.
Compare wills, trusts & ownership → Inherited-property next steps → ← Estate Resource Center