New Hampshire Senate Bill SB42

New Hampshire 2025 Regular Session

• Introduced: 1/9/25
• Refer: 1/9/25
• Report Pass: 2/5/25
• Engrossed: 3/28/25
• Refer: 3/28/25
• Report Pass: 4/30/25
• Enrolled: 6/16/25
• Chaptered: 6/24/25
• Passed: 6/24/25

Caption

Relative to notice of death affidavits.

Impact

Should SB42 be enacted, it will enact amendments to the existing laws regarding transfer on death deeds by instituting the requirement for an affidavit. This change is expected to result in better tracking of property ownership transfers posthumously, thereby facilitating tax assessments and reducing potential disputes over property ownership. Moreover, it underscores the importance of document presentation to local authorities, which can enhance transparency in property transactions.

Summary

Senate Bill 42 introduces a requirement for beneficiaries who receive real property through a transfer on death deed to file a notice of death affidavit with detailed information at the registry of deeds within 60 days following the transferor's death. This aims to create a formal record that ensures accurate communication with local tax assessors regarding property ownership changes after the owner's death. The requirement is designed to streamline administrative processes at the county level and promote clarity in property tax assessments.

Contention

A notable point of contention around SB42 may arise from concerns among beneficiaries about the additional administrative burden. Some may view the 60-day filing requirement as a cumbersome process that complicates what is otherwise a straightforward transfer of property. Furthermore, there may be debates about the adequacy of existing laws that could already address issues related to property and tax notifications without the need for additional affidavits. Stakeholders will need to weigh the benefits of clearer record-keeping against the challenges posed by increasing bureaucratic steps in transferring property.