New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 560:10 (2026)
Distribution When Surviving Spouse Waives Testate Distribution
✓ current as of May 2026
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560:10 Distribution When Surviving Spouse Waives Testate Distribution. –
Upon the death of either husband or wife, testate, and the surviving spouse has elected to waive the homestead right, if any, and the provisions of the will in his or her favor, if any, and has elected to claim his or her rights hereunder, such surviving spouse shall be vested with the following portion of the estate remaining after the payment of debts and expenses of administration:
I. If there are children of the deceased surviving (whether by the surviving spouse or by previous marriage) or issue of any deceased children, one-third part of the personalty and one-third part of the real estate.
II. If the decedent leaves no children or issue of any deceased children, but does leave mother or father or sister or brother surviving, ten thousand dollars in value thereof of personalty and ten thousand dollars in value of real estate, and also one-half of the remainder above ten thousand dollars in each, the real estate to be assigned to the surviving spouse in the same manner as dower heretofore has been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition to the probate court therefor.
III. If the decedent leaves no children or issue of any deceased children, nor mother or father, nor sister or brother surviving, ten thousand dollars of the value thereof, plus two thousand dollars for each full year from the date of marriage to decease of spouse, and also one-half in value of the remainder above said sum computed as above, in the personalty, and the same in the real estate, the real estate to be assigned in the same manner as dower has heretofore been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition the probate court therefor.
IV. That part of the estate not passing to the surviving spouse as provided in paragraphs I through III shall pass in accordance with the terms of the will, provided that the surviving spouse shall take nothing under the will.
Upon the death of either husband or wife, testate, and the surviving spouse has elected to waive the homestead right, if any, and the provisions of the will in his or her favor, if any, and has elected to claim his or her rights hereunder, such surviving spouse shall be vested with the following portion of the estate remaining after the payment of debts and expenses of administration:
I. If there are children of the deceased surviving (whether by the surviving spouse or by previous marriage) or issue of any deceased children, one-third part of the personalty and one-third part of the real estate.
II. If the decedent leaves no children or issue of any deceased children, but does leave mother or father or sister or brother surviving, ten thousand dollars in value thereof of personalty and ten thousand dollars in value of real estate, and also one-half of the remainder above ten thousand dollars in each, the real estate to be assigned to the surviving spouse in the same manner as dower heretofore has been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition to the probate court therefor.
III. If the decedent leaves no children or issue of any deceased children, nor mother or father, nor sister or brother surviving, ten thousand dollars of the value thereof, plus two thousand dollars for each full year from the date of marriage to decease of spouse, and also one-half in value of the remainder above said sum computed as above, in the personalty, and the same in the real estate, the real estate to be assigned in the same manner as dower has heretofore been assigned. Where the inventory value of the real estate does not exceed ten thousand dollars, the surviving spouse shall be entitled to the whole of said remainder and no assignment of the same shall be required unless some party in interest shall petition the probate court therefor.
IV. That part of the estate not passing to the surviving spouse as provided in paragraphs I through III shall pass in accordance with the terms of the will, provided that the surviving spouse shall take nothing under the will.
Source. GL 202:7, 8. PS 195:10. 1901, 113:1. 1905, 14:1. 1915, 31:1. 1917, 186:1. PL 306:10. 1933, 118:1. RL 359:10. 1951, 29:1, 2. RSA 560:10. 1957, 261:1, 2. 1971, 179:22. 1973, 293:2. 1974, 18:1, eff. April 2, 1974.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1960–2025 · leading case: Hanke v. Hanke, 459 A.2d 246 (N.H. 1983).
Hanke v. Hanke, 459 A.2d 246 (N.H. 1983). “) concerning the rights of a surviving spouse under RSA 560:10, which provides for distribution of a specified portion of the deceased spouse’s estate to a surviving spouse who waives testate distribution.”
In re Est. of Wilber, 75 A.3d 1096 (N.H. 2013). “) allowing the respondent, Estate of Josephine Wilber (Josephine’s Estate), to claim a statutory share under RSA 560:10 (2007) of certain real property located in Hillsborough.”
Matter of Est. of Glover, 371 P.2d 361 (Haw. 1962). “" The court held that the federal estate tax was not deductible in determining the remainder of which the widow took one half, saying: "* * * While the federal estate tax constitutes a lien on the gross estate which in all events must be paid, it is not a debt within the meaning…”
In Re Barnhart Est., 162 A.2d 168 (N.H. 1960). “When the widow waived the provisions of her husband’s will she was entitled by statute to $7,500 and one-half the remainder above *522 that sum from his personal estate “remaining after the payment of debts and expenses of administration.”
In re Est. of Wood, 453 A.2d 1251 (N.H. 1982). “His widow has timely waived the provisions of the will and has elected to claim her statutory share of the estate under RSA 560:10. If the proceeds from the settlement of the potential wrongful death action are distributed in accordance with Massachusetts law, one-third will go…”
In re Est. of Came, 529 A.2d 962 (N.H. 1987). “RSA 551:10 is not a statute designed to create a State-imposed disposition of a testator’s property, as is RSA 560:10 which, in effect, imposes upon a spouse the obligation to leave his or her surviving spouse a share of the decedent’s estate.”
Manchester Hous. Auth. v. Belcourt, 285 A.2d 364 (N.H. 1971). “They also look to the provisions of RSA 560:10( supp. )-13 which provide for the devolution of the property of spouses remaining after the payment of debts “ and expenses of administration ” which have been construed to include counsel fees.”
Hamm v. Piper, 201 A.2d 125 (N.H. 1964). “However, as to any claim that the conveyance was made for the fraudulent purpose of defeating Ethel’s rights under RSA 560:10 and 11, the motion was properly granted.”
Hamm v. Piper, 207 A.2d 437 (N.H. 1965). “This bill in equity was before the court in June 1964, when it was held that an order of dismissal in the nature *175 of a nonsuit was properly entered as to the claim that the conveyance by the husband of the plaintiff’s intestate, Ethel, “was made for the fraudulent purpose of…”
Wagner v. Chislett, 2025 N.H. 28 (N.H. 2025). “s: (1) to quiet title to the Brookline property because her quitclaim deed “was the product of fraud”; (2) rescission of the quitclaim deed and separation agreement between the plaintiff and the decedent that they signed in 1974; (3) a declaratory judgment that the Dominican…”
In re Hitchcock, 391 A.2d 882 (N.H. 1978). “James claimed his statutory share in Marion’s estate as her surviving spouse under RSA 560:10. Relying on RSA 560:19, the executrix filed a petition requesting that the court determine that James had no interest in Marion’s estate.”
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