563-D:22 Notice of Death Affidavit States – Beneficiaries who receive real property under a transfer on death deed shall file, within 60 days following the death of the transferor, a notice of death affidavit for recording at the registry of deeds in the county where the real property is located.

Title insurance companies want:
a document linking the recorded TODD
to the change in ownership following death
Without the affidavit, the chain of title appears incomplete or ambiguous.
This can cause issues when the beneficiary later sells, mortgages, or transfers the property.

Reasons why:
When a Transfer on Death Deed transfer happens automatically at death, there is no deed signed by the decedent, so without an
affidavit:
a. the public record would still show the deceased owner
b. the beneficiary’s ownership would not appear anywhere
c. the Notice of Death Affidavit serves as the public evidence that title has shifted.

“The filing of the notice of death affidavit is NOT a condition of the transfer of title.”
This means:
The beneficiary owns the property immediately at death by operation of law,
BUT the affidavit is required for recording clarity, taxation, and future transactions.

These are different form types, not alternate versions of the current form.

Transfer on Death Deed

Name a beneficiary to receive property after the owner's death.

Transfer on Death Revocation

Revoke a previously recorded transfer on death deed, canceling the beneficiary designation.

Important: County-Specific Forms

Our notice of death affidavit forms are specifically formatted for each of the 10 counties in New Hampshire.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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