State requirements
Making a will in New Hampshire
New Hampshire requires 3 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
3 adults
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, 2-3 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 3 credible witnesses
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
⚠️ Having 3 witnesses recommended (traditional)
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
- •[ ] 2-3 credible witnesses signed in testator's presence
- •[ ] Self-proving affidavit completed
New Hampshire will questions, answered
Can I make a will online in New Hampshire?
Yes. New Hampshire does not require a lawyer to draft a will. A will created online is valid in New Hampshire when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 3 adult witnesses.
How many witnesses does a will need in New Hampshire?
New Hampshire requires 3 adult 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?
No. Witnesses make a will valid in New Hampshire, not a notary. 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?
A valid New Hampshire will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 3 adult witnesses. Note: New Hampshire requires 3 witnesses (not 2).
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Start my will — $29This 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.