New Hampshire Survivorship Affidavit

State:
Multi-State
Control #:
US-05550
Format:
Word
Instant download

Description

The Survivorship Affidavit is a form for a person to complete to establish the identity of the survivor in a joint tenancy or other property ownership relationship.

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How to fill out Survivorship Affidavit?

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FAQ

SPECIAL RIGHTS OF A SURVIVING SPOUSE The surviving spouse must make this choice within six months of the executor's appointment. In an intestate estate, the surviving spouse's share is set forth by statute and is generally anywhere from half of the estate to the entire estate after payment of debts and expenses.

Next of kin is defined as a person's closest living relatives through blood or legal relationships. The specifics of determining next of kin, and inheritance, vary by jurisdiction. A legal will covering inheritable property usually takes precedence over the inheritance rights of someone's next of kin.

The Estate Settlement Timeline: There is no specific deadline for this in New Hampshire law, but it is generally best to do so within 30 days to prevent unnecessary delays in the probate process.

"Next of kin" shall mean the spouse, child, parent, stepparent, sibling, or legal guardian of the individual in question.

In New Hampshire, a surviving spouse has the right to claim what is referred to as an ?elective share? of their deceased spouse's estate. The elective share option ensures that a surviving spouse can receive a share of their late spouse's estate, even if their spouse's will or revocable trust states otherwise.

If you are unmarried and die without a valid will and last testament in New Hampshire, then your estate passes on to your children in equal shares. If you die intestate unmarried and with no children, then by law, your parents inherit your entire estate.

New Hampshire does not recognize an affidavit specifically suited to settling small estates per se; however, certain estates may be closed without the accounting, inventorying, and fiduciary bonds usually required when distributing a decedent's property and assets.

When the person to whom the debt is owed dies, that debt becomes an asset of the estate, and generally still must be paid. New Hampshire law allows an estate to deduct from an inheritance the debt owed to the estate, known as a setoff.

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New Hampshire Survivorship Affidavit