TITLE LVI
PROBATE COURTS AND DECEDENTS' ESTATES

Chapter 560
RIGHTS OF SURVIVING SPOUSE

Allowance to Widow

Section 560:1

560:1 Making; Account. – The judge may make to the widow of the person deceased, intestate, or testate, a reasonable allowance out of the personal estate, for her present support; and, in the decree of distribution of the personal estate, the whole, or such part thereof as the judge may deem reasonable, shall be accounted as part of her distributive share; and shall be so accounted when she elects to take one third or one half of the real estate, under the provisions of RSA 560:10.

Source. RS 165:1, 2. 1844, 138:1. CS 175:1, 2. GS 183:1. GL 202:1. PS 195:1. PL 306:1. RL 359:1. 1949, 210:1. RSA 560:1. 1971, 179:19, eff. Aug. 10, 1971.

Section 560:2

560:2 Use of House, Etc. – The widow may remain in the house of her husband forty days next after his death without being chargeable with rent therefor, and in the meantime shall have her reasonable sustenance out of the estate; and the same shall be taken into consideration by the judge in the allowance he may make to her.

Source. 1862, 2599:1. GS 183:14. GL 202:12. PS 195:2. PL 306:2. RL 359:2.

Dower and Curtesy

Section 560:3

560:3 Dower and Curtesy Abolished. –
I. Neither husband or wife, widower or widow, shall be vested with either choate or inchoate right of curtesy or dower in the real estate of his or her spouse.
II, III. [Repealed.]

Source. RS 165:3. CS 175:3. GS 183:2. GL 202:2. PS 195:3. PL 306:3. RL 359:3. RSA 560:3. 1971, 179:20. 1991, 141:1, eff. July 19, 1991. 2012, 264:3, eff. Aug. 17, 2012.

Section 560:4 to 560:9

560:4 to 560:9 Repealed by 1971, 179:21, eff. Aug. 10, 1971. –

Shares of Real and Personal Estate

Section 560:10

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.

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.

Section 560:11

560:11 Repealed by 1971, 179:23, I, eff. Aug. 10, 1971. –

Section 560:12

560:12 Repealed by 1971, 179:23, II, eff. Aug. 10, 1971. –

Section 560:13

560:13 Repealed by 1971, 179:23, III, eff. Aug. 10, 1971. –

Section 560:14

560:14 Waiver and Release. – The waiver or release of the will and homestead right provided for in RSA 560:10 shall be made in writing and shall be filed in the probate office within six months after the appointment of an executor or administrator, and not afterwards, unless by permission of the judge of probate for good cause shown. Where real estate is involved, the waiver and release shall be recorded in the registry of deeds of the county where the real estate is situated.

Source. 1833, 34:1. PS 195:14. PL 306:14. RL 359:14. RSA 560:14. 1967, 227:1. 1971, 179:24, eff. Aug. 10, 1971.

Settlements

Section 560:15

560:15 Upon Wife. – If a settlement was made upon the wife before marriage, which was stipulated to be in lieu of her homestead right, distributive share, or either of them, in her husband's estate, it shall be enforced by the court of probate, and the widow shall not be entitled to any right or rights in lieu of which the settlement was made.

Source. GS 183:10. GL 202:11. PS 195:15. PL 306:15. RL 359:15. RSA 560:15. 1971, 179:25, eff. Aug. 10, 1971.

Section 560:16

560:16 Upon Husband. – A settlement made upon the husband before marriage by the wife shall have a like effect and be enforced in like manner.

Source. GL 202:17. PS 195:16. PL 306:16. RL 359:16.

Miscellaneous Provisions

Section 560:17

560:17 Effect of Devise, Etc. – Every devise or bequest by the husband or wife to the other shall be holden to be in lieu of the rights which either has by law in the estate of the other, unless it shall appear by the will that such was not the intention.

Source. GL 202:18. PS 195:17. PL 306:17. RL 359:17.

Section 560:18

560:18 Effect of Abandonment by Husband. – If a husband has willingly abandoned his wife and has absented himself from her, or has willfully neglected to support her, or has not been heard from, in consequence of his own neglect, for the term of three years next preceding her death, he shall not be entitled to any interest or portion in her estate, real or personal, except such as she may have given to him in her will.

Source. 1879, 37:1. PS 195:18. PL 306:18. RL 359:18.

Section 560:19

560:19 Effect of Cause for Divorce. – If, at the time of the death of either husband or wife, the decedent was justifiably living apart from the surviving husband or wife because such survivor was or had been guilty of conduct which constitutes cause for divorce, such guilty survivor shall not be entitled to any interest or portion in the real or personal estate of said decedent, except such as may be given to such survivor by the will of the deceased.

Source. PL 306:19. RL 359:19.

Section 560:20

560:20 Payment of Wages to Surviving Spouse. – Any wages, salaries or commissions of a deceased person not exceeding five hundred dollars due from any employer shall be paid to the surviving spouse of the deceased employee without the necessity of administration of his estate. Provided, however, that the surviving spouse shall first file with the employer an affidavit stating that the person so affirming is the surviving spouse of the deceased employee.

Source. 1955, 69:1, eff. April 11, 1955.

Section 560:21

560:21 Liability. – An employer making payment in accordance with RSA 560:20 shall not be liable for the sum so paid to the estate of the deceased employee.