How to Write a Will in New Hampshire (2026 Guide)

This is general legal information for New Hampshire, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in New Hampshire.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and New Hampshire’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in New Hampshire as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple New Hampshire will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in New Hampshire and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

New Hampshire Will Requirements at a Glance

• Minimum age: 18 years old (Married minors under 18 may make a will (RSA 551:1))
• Written form: Must be in writing. Can be typed, printed, or handwritten
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: No
• Electronic wills: No

Testamentary Capacity

The testator must be of sound mind and not under duress or undue influence

Signature Requirements in New Hampshire

You must personally sign the will. New Hampshire does allow proxy signing in specific cases: Another person may sign in the testator's presence and by the testator's express direction

Witness Requirements in New Hampshire

New Hampshire requires 2 witnesses. Must be credible witnesses

Presence rules: Witnesses must sign in the presence of the testator

Interested witnesses: A bequest to an attesting witness is void unless there are two other disinterested witnesses, or the interested witness would have been an heir at law

The safest approach in every state, including New Hampshire, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

New Hampshire does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity; used for self-proving affidavit

New Hampshire does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. Testator and witnesses sign a sworn affidavit before an authorized officer (RSA 551:2-a)

Holographic, Electronic, and Oral Wills in New Hampshire

Holographic (handwritten) wills: Not recognized in New Hampshire. A valid will must be typed or printed and signed in front of witnesses.

Electronic wills: Not currently recognized in New Hampshire. Stick with a printed, physically signed will.

Nuncupative (oral) wills: Recognized in New Hampshire under very limited circumstances. Recognized in limited circumstances: soldiers in actual military service and mariners at sea may make nuncupative wills for personal property (RSA 551:16)

How to Revoke or Update a New Hampshire Will

If you already have a will and want to change it, New Hampshire recognizes these revocation methods: Executing a subsequent will or codicil, Physical destruction (burning, tearing, canceling, obliterating) by the testator or someone in the testator's presence and at their direction, Operation of law (divorce revokes dispositions to former spouse). RSA 551:13

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in New Hampshire

New Hampshire is a separate property/common law state. Surviving spouse has the right to waive the will and take their intestate share. New Hampshire has no state estate or inheritance tax

Step-by-Step: Writing a Valid New Hampshire Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a New Hampshire-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of New Hampshire, major asset changes).

Common New Hampshire Will Mistakes to Avoid

• Wrong number of witnesses. New Hampshire requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full New Hampshire will requirements and the New Hampshire estate planning guide for background on intestate succession, probate, and related topics.

Start Your New Hampshire Will Now

The easiest way to get a valid New Hampshire will done today is our free drafting tool. It walks you through the questions, generates a New Hampshire-specific document with the correct clauses, and gives you signing instructions tailored to New Hampshire’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.