✓ Verified June 2026
This guide covers New Hampshire estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from New Hampshire law, verified as of June 2026.
In This New Hampshire Guide:
New Hampshire Will Requirements at a Glance
Here are the exact rules for making a valid will in New Hampshire:
| Minimum age to make a will | 18 (under RSA 551:1, every person age 18 or older of sound mind may make a will; married persons under 18 may also make a valid will) |
| Witnesses required | 2 (RSA 551:2(d) requires 2 or more credible witnesses who sign at the testator’s request and in the testator’s presence) |
| Notarization required | NO — notarization is not required for a New Hampshire will to be valid; however, notarization is required to make a will self-proving under RSA 551:2-a, which allows the will to be admitted to probate without live witness testimony |
| Handwritten (holographic) will allowed | NO — New Hampshire does not recognize holographic (handwritten, unwitnessed) wills; a will may be handwritten, but it must still be signed by the testator and attested by 2 witnesses to be valid under RSA 551:2 |
| Self-proving affidavit available | YES — under RSA 551:2-a, a will may be made self-proving if the testator and witnesses sign a sworn acknowledgment before a notary public, justice of the peace, or other official authorized to administer oaths; a self-proving will may be admitted to probate without requiring witnesses to appear in court to confirm its authenticity |
| Statutory will form | NO — New Hampshire does not provide a state-legislated statutory fill-in-the-blank will form; third-party legal document providers offer New Hampshire will templates, but these are not official state-issued forms; the New Hampshire Judicial Branch self-help portal at courts.nh.gov provides estate-administration forms and guidance but not a statutory will form |
What a New Hampshire Will Does (and Doesn’t Do)
In New Hampshire, a valid will may name a personal representative (executor) to manage the estate, name a guardian for minor children, direct how probate assets (real and personal property) are distributed, make specific bequests to individuals or organizations, create testamentary trusts, and specify how debts, expenses, and taxes should be paid
What a New Hampshire will does NOT control: A New Hampshire will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, and assets already placed in a living trust;
these pass by beneficiary designation or operation of law regardless of what the will says
Oral wills in New Hampshire: YES, extremely narrow — under RSA 551:15, only a soldier in actual military service or a mariner or seaman at sea may make a nuncupative (oral) will disposing of personal property; under RSA 551:16, if the personal estate exceeds 100 in value, the oral will must be declared in the presence of 3 witnesses requested by the testator,
must be reduced to writing within 6 days, and must be presented for probate within 6 months; civilians may not make oral wills
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How to Update or Revoke a New Hampshire Will
Under RSA 551:13, a New Hampshire will may be amended by executing a codicil (a formal written amendment signed and witnessed the same way as the original will) or revoked by executing a new valid will or codicil, by executing another writing with the same formalities as a will, or by the testator (or someone at the testator’s direction and in the testator’s presence) physically canceling, tearing, obliterating,
or destroying the will; additionally, divorce or annulment automatically revokes any provisions in favor of the former spouse unless the will expressly provides otherwise
Other New Hampshire will-making rules: New Hampshire allows remote will witnessing for wills executed on or after March 23, 2020 — under RSA 551:2(II), a witness is deemed in the testator’s presence if the witness, testator, other witnesses,
and a notarial officer who is licensed to practice law in New Hampshire can all communicate simultaneously by sight and sound through an electronic device at the time all parties sign the will; this makes New Hampshire one of relatively few states with a permanent remote-witnessing provision; the notarial officer must be a New Hampshire-licensed attorney
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Understanding New Hampshire Estate Planning
Getting started with New Hampshire estate planning is the single best gift you can give your family. A valid New Hampshire will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into New Hampshire estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of New Hampshire estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official New Hampshire Sources & Resources
- New Hampshire Court Self-Help: https://www.courts.nh.gov/self-help/estates
- New Hampshire Wills Statute: https://gc.nh.gov/rsa/html/lvi/551/551-mrg.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Hampshire will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More New Hampshire Wills & Probate Guides
- New Hampshire Probate Process
- Dying Without a Will in New Hampshire
- New Hampshire Estate & Inheritance Tax
- New Hampshire Small Estate Affidavit
- New Hampshire Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.