How to Make a Valid Will in New Hampshire
What New Hampshire law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Anyone 18 or older, and a married person under 18, who is of sane mind may make a will. The will must be in writing, signed by the person making it (or by someone else at their express direction and in their presence), and signed by 2 or more credible witnesses at the will-maker's request. N.H. RSA 551:1, 551:2
| Requirements for a valid will | Anyone 18 or older, and a married person under 18, who is of sane mind may make a will. The will must be in writing, signed by the person making it (or by someone else at their express direction and in their presence), and signed by 2 or more credible witnesses at the will-maker's request. No seal is required. Source: N.H. RSA 551:1, 551:2 |
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| Handwritten (holographic) wills | New Hampshire has no separate rule for handwritten wills; every will made in New Hampshire must meet the same requirements, including signature by 2 witnesses. A will made in another state or country is valid in New Hampshire if it was valid where it was made. Source: N.H. RSA 551:2, 551:5 |
| Self-proving affidavit | A will can be made self-proved when the will-maker and witnesses sign before a notary public, justice of the peace, or other official authorized to give oaths, who completes the acknowledgment and affidavit wording set out in the statute. A will meeting the Uniform International Wills Act (RSA 551-A) also counts as self-proved. Source: N.H. RSA 551:2-a |
More New Hampshire estate law
- Medical Power of Attorney in New Hampshire
- Small Estate Affidavit in New Hampshire
- Power of Attorney in New Hampshire
- Quitclaim Deeds and Transferring Property in New Hampshire
- Who Inherits If You Die Without a Will in New Hampshire
- How Probate Works in New Hampshire
- Living Wills and Advance Directives in New Hampshire
- Revocable Living Trusts in New Hampshire
- Executor Duties in New Hampshire
- Letters Testamentary in New Hampshire
- Affidavit of Heirship in New Hampshire
- How to Avoid Probate in New Hampshire
- Transferring a Car After Someone Dies in New Hampshire
- All New Hampshire wills, probate and estate rules
FAQ
What makes a will valid in New Hampshire?
Anyone 18 or older, and a married person under 18, who is of sane mind may make a will. The will must be in writing, signed by the person making it (or by someone else at their express direction and in their presence), and signed by 2 or more credible witnesses at the will-maker's request. No seal is required.
Is a handwritten will valid in New Hampshire?
New Hampshire has no separate rule for handwritten wills; every will made in New Hampshire must meet the same requirements, including signature by 2 witnesses. A will made in another state or country is valid in New Hampshire if it was valid where it was made.
Does a will need to be notarized in New Hampshire?
A will can be made self-proved when the will-maker and witnesses sign before a notary public, justice of the peace, or other official authorized to give oaths, who completes the acknowledgment and affidavit wording set out in the statute. A will meeting the Uniform International Wills Act (RSA 551-A) also counts as self-proved.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.