New Hampshire Transfer-on-Death Deed
New Hampshire's 2024 TOD-deed statute offers a nonprobate title tool, not a demonstrated Medicaid-planning safe harbor.
New Hampshire has a transfer-on-death deed statute
New Hampshire adopted the Uniform Real Property Transfer on Death Act as RSA chapter 563-D, effective July 1, 2024. That is a major change from older New Hampshire planning discussions that assumed there was no statutory real-property TOD deed (RSA chapter 563-D).
A TOD deed is a title and probate tool: the uniform-act framework is designed for a transfer at the owner’s death. RSA 563-D:9 says it is void unless it has the required title and death-transfer statement and is recorded before death, within 60 days after execution, in the appropriate registry of deeds (RSA 563-D:9).
During the transferor’s lifetime, RSA 563-D:12 says a TOD deed does not affect the transferor’s or designated beneficiary’s eligibility for public assistance and does not create a legal or equitable interest for the beneficiary. That statutory rule addresses eligibility during life; it does not itself decide recovery after death (RSA 563-D:12).
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