CHAPTER 139
HB 418 – FINAL VERSION
11Mar2015… 0242h
2015 SESSION
15-0105
09/10
HOUSE BILL 418
AN ACT relative to waiver of rights to devised or inherited real property.
SPONSORS: Rep. Webb, Rock 6; Rep. Richardson, Coos 4; Rep. Kotowski, Merr 24; Rep. Shaw, Hills 16; Rep. Pantelakos, Rock 25; Rep. Lachance, Hills 8; Rep. Emerick, Rock 21; Rep. Ferrante, Rock 6; Rep. Grenier, Sull 7; Rep. Cardon, Rock 6; Sen. Prescott, Dist 23; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Boutin, Dist 16; Sen. Stiles, Dist 24
AMENDED ANALYSIS
This bill allows a person who is devised or inherits real property to waive his or her rights to such property. The fee charged for filing a waiver document shall not exceed $5.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0242h
15-0105
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to waiver of rights to devised or inherited real property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
139:1 New Section; Waiver of Rights to Devised or Inherited Real Property. Amend RSA 554 by inserting after section 18-a the following new section:
554:18-b Waiver of Rights to Devised or Inherited Real Property. Notwithstanding any right to disclaim an interest in property as provided for in RSA 563-B, a person who has been devised real estate by testamentary instrument, or inherited under the laws of intestacy, may waive his or her rights to the property by filing a written notice of waiver with the court in which the estate administration is pending that shall include a legal description of the property. The waiving party shall provide a copy of the waiver to the administrator of the estate and shall record an attested copy in the registry of deeds in the county in which the real estate is located. Once filed with the court and recorded at the registry of deeds, the waiver may not be revoked. The effect of the waiver will be to relinquish the right of the waiving party and his or her heirs and assigns from receiving any and all right, title, and interest in and to the real estate. The waiving party and his or her heirs and assigns shall thereafter bear no responsibility or liability related to or arising from the real estate. The cost to record the waiver in the registry of deeds shall not exceed $5. A waiver filed after the final account has been allowed, or the estate administration has been closed by other means, shall not be effective.
139:2 Effective Date. This act shall take effect upon its passage.
Approved: June 12, 2015
Effective Date: June 12, 2015