State requirements
Making a will in New Hampshire
New Hampshire lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
New Hampshire has traditional will requirements. New Hampshire does NOT recognize holographic wills. New Hampshire is NOT a community property state but has spousal share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | RSA 551:1 | 18+ and of sound mind |
| Execution Requirements | RSA 551:2 | Written, signed, 2 witnesses |
| Self-Proving | RSA 551:2-a | Available with affidavit |
| Spousal Share | RSA 560:10 | Varies by circumstances |
Execution Requirements
NEW HAMPSHIRE WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 or more credible witnesses
✓ Witnesses attest to the testator's signature at the testator's request, in the testator's presence
⚠️ NO holographic wills recognized
⚠️ Older guides still list 3 witnesses — RSA 551:2 reads "2 or more"
Spousal Share
NEW HAMPSHIRE SPOUSAL SHARE:
- Homestead rights for life
- Share of personal property
- Allowance during administration
- Specific statutory provisions apply
Checklist for New Hampshire Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 or more credible witnesses attested to the testator's signature in the testator's presence
- •[ ] Self-proving affidavit completed
New Hampshire will questions, answered
Can I make a will online in New Hampshire?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check New Hampshire requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in New Hampshire?
New Hampshire requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does New Hampshire require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular New Hampshire document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in New Hampshire?
No. New Hampshire does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in New Hampshire?
New Hampshire sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current New Hampshire source above and get local help for your circumstances. Note: RSA 551:2 sets the number of witnesses at 2 or more; older guides that say 3 are out of date.
Keep reading
All guides →Your New Hampshire wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about New Hampshire law, not legal advice. Statutes change — verify current requirements or consult a licensed New Hampshire attorney for complex situations.