2026 data Public-data reference. official source

New Hampshire Estate & Inheritance Tax

Open-data reference.

Estate tax rates, exemptions, and probate costs for New Hampshire (NH)

3.4/5 Friendliness No Estate/Inheritance Tax 0 0

State Estate Tax

No State Estate Tax

Only federal estate tax applies ($13,990,000 exemption per person in 2025)

Inheritance Tax

No Inheritance Tax

Beneficiaries owe no state inheritance tax in New Hampshire

Probate Costs

Filing Fee $75–$300
Attorney Fee hourly
Timeline 6–12 months
Small Estate Threshold $10,000

Waiver of administration for small estates

Probate Code

Uniform Probate Code Not Adopted

New Hampshire has not adopted the UPC and follows its own probate statutes. Procedures may be more complex or vary by county.

Property System

Community Property No (Common Law)

New Hampshire follows common law (separate property) rules. Each spouse owns property individually unless jointly titled, which affects how assets pass through an estate.

Estate friendliness

3.4 /5

Composite of estate-tax presence, probate cost, UPC adoption, and timeline for New Hampshire.

Estate-tax exemption

None (federal only)

Only the federal $13.99M exemption applies in New Hampshire.

Probate window

6-12 months

Filing-to-final-distribution range, varies with estate complexity & creditor claims.

Probate cost relative to estate value — New Hampshire 4.0%
National median

Attorney fees negotiated rather than statutory — actual percentage varies by engagement.

Beneficiary structure

How decedent estates allocate across heirs — IRC § 2056 marital + § 2055 charitable deductions

Estate share42%31%14%SpouseChildrenTrustCharityOther

New Hampshire probate timeline

Phase share of typical filing-to-distribution window — 6–12 months

New Hampshire probate10%15%25%20%25%PetitionNoticeInventoryClaimsTax filingDistribution

Source: Uniform Probate Code · state probate statutes As of varies by state

Federal Estate Tax Filings — New Hampshire

IRS Statistics of Income data showing estate tax returns filed by New Hampshire residents.

Filing Year Returns Filed Gross Estate Net Tax Paid State Death Tax
2023 38 $1.4B $0.2B
2022 35 $0.8B $0.1B
2021 30 $0.8B $0.1B

Source: IRS Statistics of Income — Estate Tax Returns Filed (Table 2, by State of Residence). Dollar amounts in thousands. State rate / exemption tables compiled from Tax Foundation 2024 Estate & Inheritance Tax Survey.

What the New Hampshire Estate Data Reveals

New Hampshire imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of New Hampshire estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 38 federal estate tax returns filed by New Hampshire residents in the most recent available year (filing year 2023), reporting $1.36 billion in combined gross estate value. Net federal estate tax paid totaled $0.24 billion that year. Across the multi-year IRS SOI series above, New Hampshire averages roughly 34 taxable filings per year, with an effective federal rate on reported gross estates of about 14.6%.

Probate itself typically runs 6–12 months in New Hampshire (roughly 9 months on average), with court filing fees of $75–$300. Attorney fees are negotiated rather than statutory, so engagement letters and hourly-vs-flat structures matter more to the total bill. New Hampshire does offer a simplified small-estate track for estates under $10,000, which most families use to bypass full formal probate. Because New Hampshire has not adopted the UPC, probate practice can vary materially by county and judicial district. As a common-law (separate property) state, New Hampshire treats each spouse's holdings individually unless jointly titled, so titling choices drive what actually enters the probate estate.

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New Hampshire Estate Tax FAQs

Does New Hampshire have an estate tax?

No. New Hampshire does not have a state estate tax. Only the federal estate tax applies (currently $13,990,000 exemption per person in 2025). This makes New Hampshire more favorable for estate planning compared to the 13 states that do impose a state estate tax.

Does New Hampshire have an inheritance tax?

No. New Hampshire does not impose a state inheritance tax on beneficiaries. Unlike an estate tax (paid by the estate), an inheritance tax is paid by the person receiving the assets. Only six states currently levy this tax.

How long does probate take in New Hampshire?

Probate in New Hampshire typically takes 6 to 12 months. Estates under $10,000 may qualify for a simplified small estate procedure, which is significantly faster.

How much does probate cost in New Hampshire?

Court filing fees in New Hampshire range from $75 to $300. Attorney fees are usually based on reasonable hourly rates or negotiated flat fees.

Can you avoid probate in New Hampshire?

Yes. Common probate avoidance strategies in New Hampshire include revocable living trusts, transfer-on-death (TOD) deeds for real estate, payable-on-death (POD) accounts for bank and investment accounts, and joint ownership with right of survivorship. New Hampshire also offers a simplified process for small estates under $10,000.

How will the 2026 federal estate tax sunset affect New Hampshire residents?

The TCJA provisions are set to expire December 31, 2025, which would cut the federal exemption from $13,990,000 to approximately $7,000,000 per person. While New Hampshire has no state estate tax, the lower federal exemption means more estates will owe federal estate tax. This makes 2025 a critical window for estate planning.

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Data sourced from official IRS Statistics of Income and state probate fee schedules. See our methodology for details. Retrieved and formatted by Kiznis Studio Editorial

Disclaimer: This information is provided for informational purposes only and does not constitute professional advice. Data is sourced from the IRS Statistics of Income. Consult a qualified professional before making decisions based on this data.

All federal data sources used on this page