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New Hampshire Last Will and Testament

A New Hampshire will needs 2 witnesses and does not recognize handwritten (holographic) wills. Make a free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the executor who will administer your estate. It can also name a guardian for your minor children. In New Hampshire, a valid will must be signed by the testator (the person making the will) and attested to by 2 or more credible witnesses who sign at the testator's request and in the testator's presence, under RSA 551:2. Choose your witnesses carefully: RSA 551:3 voids any gift to a witness, or to that witness's spouse, unless 2 other subscribing witnesses also signed, so beneficiaries should never serve as witnesses. The will itself does not need a notary; a notary public or justice of the peace is needed only if you add the optional self-proving affidavit under RSA 551:2-a, which lets the probate court accept the will without locating the witnesses later. New Hampshire does not recognize holographic (handwritten, unwitnessed) wills, since RSA 551:2 requires 2 witnesses for every will made in the state. You must be at least 18, or a married minor, and of sane mind to make a will (RSA 551:1). The whole framework sits in RSA Title LVI, Chapter 551. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the executor who will administer your estate after you die. It can also name a guardian for your minor children.

  2. 2

    New Hampshire requires 2 credible witnesses. They must sign at the testator's request and in the testator's presence (RSA 551:2). A gift to a witness, or to that witness's spouse, is void unless 2 other subscribing witnesses also signed (RSA 551:3), so do not use a beneficiary as a witness.

  3. 3

    A self-proving affidavit is available. Under RSA 551:2-a, the testator and witnesses can sign a sworn acknowledgment before a notary public or justice of the peace after the will is signed, so probate does not need to track down the witnesses later.

  4. 4

    New Hampshire does not recognize holographic (handwritten, unwitnessed) wills. RSA 551:2 requires 2 witnesses for every will made in the state, and Chapter 551 has no exception for an unwitnessed handwritten will.

  5. 5

    The will itself does not need to be notarized. New Hampshire law makes 2 witnesses the operative formality (RSA 551:2). A notary or justice of the peace is used only for the optional self-proving affidavit, not for the will's validity.

  6. 6

    You must be at least 18, or a married minor, and of sane mind to make a will in New Hampshire (RSA 551:1).

  7. 7

    You can revoke a New Hampshire will with a later valid will or codicil, a writing executed the same way as a will, or by physically destroying it yourself or through someone else at your direction and in your presence (RSA 551:13). Divorce or annulment after signing automatically revokes any gift to a former spouse unless the will says otherwise.

Key decisions before you file

Before you file a Last Will and Testament in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NEW HAMPSHIRE LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [FULL LEGAL NAME], a resident of [CITY/TOWN], [COUNTY] County, New Hampshire, being of sane mind and at least 18 years old (or a married minor) as required by RSA 551:1, declare this to be my Last Will and Testament. I revoke all prior wills and codicils that I have made.

  2. EXECUTOR APPOINTMENT I appoint [EXECUTOR NAME] of [CITY/TOWN], New Hampshire, as executor (sometimes called personal representative) of this will, to serve without bond to the extent permitted by law. My executor shall pay my just debts, funeral expenses, and taxes, and shall administer my estate under RSA Chapter 551 and applicable New Hampshire probate law. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] of [CITY/TOWN], New Hampshire, as successor executor. [If applicable: I appoint [GUARDIAN NAME] as guardian of my minor children.]

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests of property, including any gifts of tangible personal property, real estate, or specific sums of money to a spouse, children, or other named beneficiaries. Attach a separate list if needed.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, and not otherwise disposed of by this will, to [RESIDUARY BENEFICIARY NAME], or if that beneficiary does not survive me, to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will on [DATE], in the presence of the 2 witnesses named below, who at my request and in my presence, and in the presence of each other, sign below as witnesses to my signature, as required by RSA 551:2.

[TESTATOR NAME], Testator

WITNESS 1: _____________________________ Address: ________________________ WITNESS 2: _____________________________ Address: ________________________

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under RSA 551:2-a, the testator and witnesses may make this will self-proved by signing a sworn acknowledgment before a notary public, justice of the peace, or other official authorized to administer oaths, stating that the testator signed the will freely and voluntarily, that each witness signed at the testator's request and in the testator's presence and in the presence of the other witness, and that the testator was at least 18 years old (or a married minor) and of sane mind, under no constraint or undue influence.

STATE OF NEW HAMPSHIRE COUNTY OF [COUNTY]

Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], testator, and by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [DATE].

Notary Public / Justice of the Peace My Commission Expires: [DATE]

Note: This will is governed by New Hampshire RSA ch. 551. New Hampshire requires 2 credible witnesses to make the will itself valid (RSA 551:2), not a notary; the notary above is needed only for this optional self-proving affidavit. A gift to a witness, or to that witness's spouse, is void unless 2 other subscribing witnesses also signed (RSA 551:3), so do not choose a beneficiary as a witness. Divorce or annulment after signing automatically revokes any gift to a former spouse unless the will provides otherwise (RSA 551:13). This is a short New Hampshire skeleton. For the complete, customizable version, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in New Hampshire in about a minute, and notarize it online through DocDraft if it does.

New Hampshire Requirements for Last Will and Testament

Sign With 2 Credible Witnesses

New Hampshire requires 2 or more credible witnesses to attest to the testator's signature. They must sign at the testator's request and in the testator's presence (RSA 551:2). A will signed with fewer than 2 witnesses is not valid.

Do Not Use a Beneficiary as a Witness

Under RSA 551:3, any gift made in a will to a subscribing witness, or to that witness's spouse, is void unless 2 other subscribing witnesses also signed the will. Choose witnesses who are not receiving anything under the will.

Consider the Self-Proving Affidavit

RSA 551:2-a lets the testator and witnesses sign a sworn acknowledgment before a notary public, justice of the peace, or other official authorized to administer oaths, after the will is signed. This self-proving affidavit lets the probate court accept the will without locating the witnesses later.

No Notary Is Required for the Will Itself

A New Hampshire will is validated by 2 witnesses, not a notary (RSA 551:2). A notary public or justice of the peace is needed only if you add the optional self-proving affidavit under RSA 551:2-a.

Handwritten (Holographic) Wills Are Not Recognized

New Hampshire does not recognize holographic wills. RSA 551:2 requires 2 witnesses for every will made in the state, and Chapter 551 has no exception for a will that is only handwritten and signed without witnesses.

Meet the Minimum Age and Capacity Standard

You must be at least 18 years old, or a married minor, and of sane mind to make a valid will in New Hampshire (RSA 551:1).

Know How to Revoke the Will

A New Hampshire will can be revoked by a later valid will or codicil, by a writing executed the same way as a will, or by canceling, tearing, obliterating, or otherwise destroying it by the testator or by another person at the testator's consent and in the testator's presence (RSA 551:13). Divorce or annulment after signing automatically revokes any gift to a former spouse unless the will provides otherwise.

Name an Executor (Personal Representative)

Name an executor to administer your estate and a successor executor in case the first choice cannot serve. RSA Chapter 551 governs the will itself; the appointed executor carries out its terms through the probate process.

Does your Last Will and Testament need to be notarized in New Hampshire?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A New Hampshire will needs 2 credible witnesses who sign at the testator's request and in the testator's presence (RSA 551:2). Choose them carefully: a gift to a witness, or to that witness's spouse, is void unless 2 other subscribing witnesses also signed (RSA 551:3), so beneficiaries should not act as witnesses.

No. A New Hampshire will is validated by 2 witnesses, not a notary (RSA 551:2). A notary public or justice of the peace is used only if you add the optional self-proving affidavit under RSA 551:2-a, which speeds up probate but is not required to make the will valid.

No. New Hampshire does not recognize holographic wills. RSA 551:2 requires every will made in the state to have 2 witnesses, and Chapter 551 has no provision for a will that is only handwritten and signed. A will validly executed in another state may still be honored here under general choice-of-law principles.

Write out your wishes, name an executor and a guardian for minor children if needed, and sign the will in front of 2 credible witnesses who also sign at your request and in your presence (RSA 551:2). You can add a self-proving affidavit before a notary public or justice of the peace (RSA 551:2-a) so probate does not need to locate the witnesses later.

A valid New Hampshire will is in writing, signed by a testator who is at least 18 (or a married minor) and of sane mind, and attested to by 2 credible witnesses who sign at the testator's request and in the testator's presence (RSA 551:1, RSA 551:2).

A self-proving affidavit is a sworn acknowledgment the testator and witnesses sign before a notary public, justice of the peace, or other official authorized to administer oaths, after the will itself is signed (RSA 551:2-a). It lets the probate court accept the will without calling the witnesses to testify.

You must be at least 18 years old, or a married minor, and of sane mind to make a valid will in New Hampshire (RSA 551:1).

You can revoke a New Hampshire will by signing a later valid will or codicil, by a writing executed the same way as a will, or by canceling, tearing, obliterating, or otherwise destroying it yourself or through someone else at your direction and in your presence (RSA 551:13). Divorce or annulment after the will is signed automatically revokes any gift to the former spouse unless the will states otherwise.