Quick answer: the most common mistake is never recording a new deed into the trust's name for real estate. New Hampshire adds a second, quieter one: forgetting the optional creditor notice that would have shortened exposure from 3 years to 1. See how the numbers change in the New Hampshire probate vs living trust calculator.
Signing ≠ funding
1. Real estate deed never recorded — the #1 mistake
Moving real estate into a trust requires a new deed, signed and recorded, naming the trust as owner. This is the step most often skipped. Left undone, that property remains a probate asset — subject to the full Probate Division process, regardless of the trust document sitting in a drawer.
2. Forgetting the optional creditor notice — New Hampshire's own risk
Under RSA 564-B:5-508, a successor trustee may send notice to known creditors or publish notice for unknown ones after the settlor's death, cutting the claim window to 1 year. It's optional, not automatic — a trustee who simply never gets around to it leaves the trust's exposure at New Hampshire's general 3-year statute of limitations instead, three times as long.
3. Financial accounts left titled individually
Bank and brokerage accounts don't join a trust automatically. Each one has to be retitled into the trust's name, or the institution needs a copy of the trust document plus a change-of-ownership form. Accounts opened after the trust was created are especially easy to forget.
4. Assuming Waiver of Administration will cover an unfunded asset
New Hampshire's Waiver of Administration is a genuine shortcut, but only when a sole beneficiary or heir serves as administrator, or everyone consents. An unfunded asset in an estate where heirs disagree still requires a full administration — the waiver isn't a size-based safety net the way a small estate affidavit is in other states.
A local probate attorney can review your estate — many offer a free consultation.