New Hampshire Transfer-on-Death Deed

New Hampshire adopted the Uniform Real Property Transfer on Death Act as RSA chapter 563-D, effective July 1, 2024. This is a genuinely new development — older New Hampshire planning discussions generally assumed no statutory real-property TOD deed existed in the state, and now one does.

This deed is fundamentally a title and probate tool, built to transfer property only at the owner's death. RSA 563-D:9 is strict about the mechanics: the deed is void unless it includes the required title and death-transfer language and gets recorded — before the owner's death — within 60 days of being executed, at the appropriate registry of deeds.

While the original owner is alive, RSA 563-D:12 makes clear that the deed changes nothing about eligibility for public assistance for either the transferor or the named beneficiary, and it creates no legal or equitable interest for the beneficiary during that time. That statutory language settles the question of eligibility during life — but it doesn't resolve what happens with Medicaid recovery after death, which is a separate analysis.