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Spousal Elective Share Law in New Hampshire

In New Hampshire, a surviving spouse can waive the will within 6 months after an executor or administrator is appointed and take one-third of the estate if the decedent left children or their issue, with larger fixed-plus-half shares if not.

Last checked . General information, not legal advice.

New Hampshire at a glance

Elective share
1/3 with children; $10,000 plus 1/2 of rest without
With no children but a parent or sibling: $10,000 each of personal and real property plus half the rest. Larger amounts apply if no close relatives survive.
Deadline to elect
6 months after the executor or administrator is appointed
The probate judge can allow a later filing for good cause.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in New Hampshire

How much can a surviving spouse claim in New Hampshire if left out of the will?

Elective share in New Hampshire: 1/3 with children; $10,000 plus 1/2 of rest without. With no children but a parent or sibling: $10,000 each of personal and real property plus half the rest. Larger amounts apply if no close relatives survive.

What is the deadline to claim the elective share in New Hampshire?

Deadline to elect in New Hampshire: 6 months after the executor or administrator is appointed. The probate judge can allow a later filing for good cause.

Is New Hampshire a community property state?

No. Community property state in New Hampshire: no. Not on the IRS list of community property states.

Where do the New Hampshire spousal elective share laws come from?

The rules above come from N.H. Rev. Stat. 560:10 and N.H. Rev. Stat. 560:14. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.