How to Make a Valid Will in New Hampshire
New Hampshire has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in NH.
New Hampshire Will Requirements at a Glance
Who Can Make a Will in New Hampshire?
You must be at least 18 years old to make a will in New Hampshire. Married minors under 18 may make a will (RSA 551:1). The testator must be of sound mind and not under duress or undue influence
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, 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. 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
Notarization in New Hampshire
Notarization is not required for a will to be valid in New Hampshire. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
New Hampshire allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before an authorized officer (RSA 551:2-a)
Handwritten (Holographic) Wills
New Hampshire does not recognize holographic wills. Holographic wills are not recognized in New Hampshire
Electronic Wills
New Hampshire does not currently recognize electronic wills. New Hampshire does not currently have an electronic wills statute
Oral (Nuncupative) Wills
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 a Will in New Hampshire
In New Hampshire, a will can be revoked by:
- •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
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
Relevant New Hampshire Statutes
- RSA 551:1 (Who may make a will)
- RSA 551:2 (Requirements for execution)
- RSA 551:2-a (Self-proved wills)
- RSA 551:13 (Revocation)
- RSA 551:16 (Nuncupative wills)
- RSA 560:10 (Waiver of will by spouse)
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