Rockingham County Waiver by Surviving Spouse Form

Additional New Hampshire and Rockingham County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Rockingham County

Properties in any of these areas use Rockingham County forms:

• Atkinson
• Auburn
• Candia
• Chester
• Danville
• Deerfield
• Derry
• East Candia
• East Derry
• East Hampstead
• East Kingston
• Epping
• Exeter
• Fremont
• Greenland
• Hampstead
• Hampton
• Hampton Falls
• Kingston
• Londonderry
• New Castle
• Newfields
• Newmarket
• Newton
• Newton Junction
• North Hampton
• North Salem
• Northwood
• Nottingham
• Plaistow
• Portsmouth
• Raymond
• Rye
• Rye Beach
• Salem
• Sandown
• Seabrook
• South Hampton
• Stratham
• West Nottingham
• Windham

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Use this document to waive a surviving spouse's testate distribution and homestead rights, if any, in order to take a statutory share of the deceased spouse's estate. Widows or widowers may opt to execute a waiver of surviving spouse when the statutory share for a surviving spouse under RSA 560:10 is greater than the testate distribution.

Pursuant to RSA 560:14, file the waiver with the probate court within six months of the administrator's appointment, and, when real property is involved, record in the registry of deeds of the county where the property to which it pertains is located.

The document must state the surviving spouse's name, the decedent's name and date of death, and the date of marriage of the surviving spouse and decedent. Because the document relates to real property, it also requires a legal description of the relevant realty. The surviving spouse waiving testamentary distribution and homestead rights must sign in the presence of a notary public.

Consult an attorney licensed in the State of New Hampshire with questions regarding rights of surviving spouses.

(New Hampshire WBSS Package includes form, guidelines, and completed example)

Important: Your property must be located in Rockingham County to use these forms. Documents should be recorded at the office below.

This Waiver by Surviving Spouse meets all recording requirements specific to Rockingham County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Rockingham County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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