✓ Verified September 2026
To contest a will in New Hampshire, you file in the probate court within a fixed window and prove one of a short list of legal grounds. This guide gives the New Hampshire answer in plain English, and it starts with the deadline, because that is the fact that ends more cases than any other. All facts are from New Hampshire law, verified as of September 2026.
In This New Hampshire Guide:
Contest a Will in New Hampshire: At a Glance
Here are the New Hampshire facts that decide whether you can contest a will in New Hampshire:
| Deadline to contest | 6 months from the date the will was proved and allowed (probated) without notice — RSA 552:7 (“Any party interested may have the probate of a will which has been proved without notice re-examined, and the will proved in solemn form before the court of probate at any time within 6 months of such probate… any party interested may request the same within 6 months of such probate”). If the will was instead proved in solemn form on notice after a contested hearing, there is no re-examination right; the aggrieved party’s remedy is an appeal to the New Hampshire Supreme Court, which must be filed within 30 days of the clerk’s written notice of the decision on the merits (RSA 567-A:1; N.H. Sup. Ct. R. 7). |
| What starts the clock | Admission of the will to probate — specifically, entry of the probate court’s order proving and allowing the will in common form (without notice). The clock runs from that probate decree, not from the date of death, not from the notice of administration, and not from notice to heirs (RSA 552:7; RSA 552:8). |
| Who can contest | “Any party interested” / interested persons — RSA 552:7 and RSA 552:8. In practice this means a person with a direct pecuniary, legal, or equitable interest in the estate who would take a distributive share if the contest succeeded: intestate heirs at law, beneficiaries named in the offered will, and beneficiaries under a prior will. The New Hampshire Supreme Court held in In re Estate of Mesiti that heir status alone confers standing to contest a will, even where prior facially valid wills exist that do not benefit the heir and that the heir does not challenge. Creditors generally do not have standing to contest the validity of a will in New Hampshire; their remedy is the separate creditor-claim process. Check with your state’s court or a licensed attorney about whether a particular person qualifies as an interested party. |
| No-contest clause | YES — fully enforced, with NO probable-cause and NO good-faith exception. RSA 551:22, I: “A no-contest provision shall be enforceable according to the express terms of the no-contest provision without regard to the presence or absence of probable cause for, or the beneficiary’s good or bad faith in, taking the action that would justify the complete or partial forfeiture of the beneficiary’s interest.” New Hampshire is a minority state here — it deliberately rejected the Uniform Probate Code probable-cause exception. The one statutory limit is RSA 551:22, II: a no-contest provision is unenforceable to the extent the will itself is invalid because of fraud, duress, undue influence, lack of testamentary capacity, or any other reason. The parallel trust rule is RSA 564-B:10-1014. Because forfeiture can apply even to a good-faith challenge, you may want to review any no-contest clause with a licensed New Hampshire attorney before filing anything. |
| What the filing is called | “Motion to Re-Examine Probate Will” (New Hampshire Judicial Branch form NHJB-2243-P, or NHJB-2243-PE for eCourt filing), filed in the estate’s pending probate case in the Circuit Court, Probate Division, for the county where the estate is being administered. The motion asks that the probate be re-examined and the will proved in solemn form, and that the former probate be decreed void or affirmed. The form offers two options: examination of the will’s witnesses only, or examination on the allegations set out in an attached statement. Under RSA 552:8, notice of the petition is given to the executor personally, if practicable, and is also published. |
| Court | New Hampshire Circuit Court, Probate Division — the county circuit court probate division where the estate is pending (there is a probate division in each of New Hampshire’s 10 counties). The separate elected-judge Probate Court was merged into the unified Circuit Court effective July 1, 2011. Complex or high-value estate and trust litigation may be transferred to the statewide Trust Docket, sitting in the 6th Circuit — Probate Division — Concord (Merrimack County). |
| Jury trial | NO. RSA 552:7 provides that “[a]ny issue related to the execution of a will, testamentary capacity, or fraud, duress, or undue influence shall be tried to the court of probate.” The pre-2011 practice of transferring will-contest issues to superior court for a jury trial was eliminated by 2011 N.H. Laws ch. 88 (SB 50), effective July 1, 2011. See also RSA 547:9-a: where the probate division and superior court have concurrent jurisdiction and a jury-trial right exists, filing in the probate division constitutes a waiver of jury trial — but for will contests under RSA 552:7 the issues are tried to the probate judge without a jury. |
| Typical cost | UNVERIFIED — no official New Hampshire court or state bar publication reports a dollar range for a contested will case. Court filing fees are set by the New Hampshire Judicial Branch fee schedule; attorney fees vary widely by county, complexity, and whether the case reaches trial. Check with the Circuit Court Probate Division clerk or a licensed New Hampshire attorney for current figures. |
The Deadline to Contest a Will in New Hampshire
The window is short in some states and long in others, and it is measured from a specific event rather than from the day you learned about the will. That is why the first thing to find out is the date the will was admitted and whether you received formal notice. If the deadline has not run, everything else on this page is available to you.
If it has, the remaining options are narrow and usually involve proving you never got the notice the law required.
Grounds to Contest a Will in New Hampshire
The grounds named in the statute are (1) improper execution — any issue “related to the execution of a will,” including failure to meet RSA 551:2 formalities (in writing, signed by the testator or by someone at the testator’s express direction, witnessed and subscribed by 2 or more credible witnesses); (2) lack of testamentary capacity; (3) fraud; (4) duress; and (5) undue influence — all listed in RSA 552:7.
New Hampshire case law and RSA 551:22, II also recognize revocation (including discovery of a later will revoking the offered will, RSA 551:13), forgery, and mistake/”any other reason” rendering the will invalid.
Testamentary capacity in New Hampshire requires that the testator (i) understand the nature of the act of making a will, (ii) recollect the property to be disposed of and understand its general nature, (iii) recall the natural objects of the testator’s bounty, and (iv) make an election as to the disposition of the property.
Who has to prove what: The contestant carries the burden by a preponderance of the evidence. New Hampshire presumes the testator had testamentary capacity, so the contestant must prove lack of capacity. A validly executed self-proved will (RSA 551:2-a) is presumptively proved without live witness testimony.
On undue influence, New Hampshire treats a confidential or fiduciary relationship between the beneficiary and the testator, coupled with a benefit to that beneficiary,
as raising an inference (New Hampshire courts describe it as an inference rather than a true presumption) that shifts the burden to the will’s proponent/beneficiary to prove the absence of undue influence — and the quantum of proof on that shifted burden is preponderance of the evidence, not clear and convincing.
A confidential relationship exists where one person justifiably believes the other will act in his or her interest. Under RSA 552:18, in a lifetime (ante-mortem) proceeding the burdens and presumptions are the same as in a proceeding to prove the will in solemn form.
Who Can Contest a Will in New Hampshire
“Any party interested” / interested persons — RSA 552:7 and RSA 552:8. In practice this means a person with a direct pecuniary, legal, or equitable interest in the estate who would take a distributive share if the contest succeeded: intestate heirs at law, beneficiaries named in the offered will, and beneficiaries under a prior will.
The New Hampshire Supreme Court held in In re Estate of Mesiti that heir status alone confers standing to contest a will, even where prior facially valid wills exist that do not benefit the heir and that the heir does not challenge. Creditors generally do not have standing to contest the validity of a will in New Hampshire; their remedy is the separate creditor-claim process.
Check with your state’s court or a licensed attorney about whether a particular person qualifies as an interested party. Being unhappy with the will is not standing; losing something because of it is. Check the earlier will and the intestate rules for New Hampshire before filing, because they decide whether you are an interested person.
No-Contest Clauses in New Hampshire
YES — fully enforced, with NO probable-cause and NO good-faith exception.
RSA 551:22, I: “A no-contest provision shall be enforceable according to the express terms of the no-contest provision without regard to the presence or absence of probable cause for, or the beneficiary’s good or bad faith in, taking the action that would justify the complete or partial forfeiture of the beneficiary’s interest.” New Hampshire is a minority state here — it deliberately rejected the Uniform Probate Code probable-cause exception.
The one statutory limit is RSA 551:22, II: a no-contest provision is unenforceable to the extent the will itself is invalid because of fraud, duress, undue influence, lack of testamentary capacity, or any other reason. The parallel trust rule is RSA 564-B:10-1014. Because forfeiture can apply even to a good-faith challenge, you may want to review any no-contest clause with a licensed New Hampshire attorney before filing anything.
The Steps to Contest a Will in New Hampshire
Step one is the deadline check above. Step two is evidence: the medical records around the signing date, the names of the witnesses, the drafting lawyer’s file, and the financial records that show who benefited.
Step three is the filing — “Motion to Re-Examine Probate Will” (New Hampshire Judicial Branch form NHJB-2243-P, or NHJB-2243-PE for eCourt filing), filed in the estate’s pending probate case in the Circuit Court, Probate Division, for the county where the estate is being administered. The motion asks that the probate be re-examined and the will proved in solemn form, and that the former probate be decreed void or affirmed.
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The form offers two options: examination of the will’s witnesses only, or examination on the allegations set out in an attached statement. Under RSA 552:8, notice of the petition is given to the executor personally, if practicable, and is also published.. Step four is discovery and, in most cases, a settlement conference; the small minority that reach trial are decided by the judge.
Settling Instead of Fighting
YES. The New Hampshire Circuit Court Probate Division operates a court-connected ADR program offering both Mediation and Neutral Case Evaluation for trusts, estates, and will cases; mediation may be requested at the structuring conference or by motion, may be ordered at the court’s discretion, and the first 8 hours of mediation are free to the parties (NH Judicial Branch Circuit Court ADR — Trusts/Estates/Wills; https://www.courts.nh.gov/resources/mediation/circuit-court-adr/trustsestateswills).
Mediators must have completed a 40-hour mediation training course and have at least 5 years of experience. Negotiated family settlement agreements resolving a contest are also routinely approved by the probate division; nonjudicial settlement agreements in the parallel trust context are authorized by RSA 564-B:1-111.
Other New Hampshire rules: (1) ANTE-MORTEM / LIVING PROBATE — RSA 552:18 lets a living testator petition to have the will proved in solemn form during his or her lifetime; after a hearing the court declares the will valid or invalid, and a will declared valid has full legal effect at death and is “conclusively deemed proved” when admitted to probate, except as later modified or revoked.
Virtual representation under Article 3 of RSA 564-B applies. New Hampshire is one of only a handful of states offering this. (2) NO PROBABLE-CAUSE ESCAPE HATCH for no-contest clauses (RSA 551:22) — unusually harsh compared with UPC states. (3) BENCH TRIAL ONLY since July 1, 2011 (RSA 552:7).
(4) THE 6-MONTH CLOCK APPLIES ONLY TO WILLS PROVED WITHOUT NOTICE (common form); a will proved in solemn form on notice is not subject to re-examination, and the remedy is a 30-day appeal to the Supreme Court.
(5) SELF-PROVED WILLS — RSA 551:2-a; a sworn acknowledgment before a notary, justice of the peace, or other officer authorized to administer oaths lets the will be proved without the witnesses appearing; wills meeting RSA 551-A (international wills) also qualify as self-proved. (6) HEIR STATUS ALONE CONFERS STANDING under In re Estate of Mesiti, even where unchallenged prior wills would not benefit the heir.
(7) STATEWIDE TRUST DOCKET in Concord for complex estate and trust litigation. (8) Under RSA 552:8, if on re-examination the probate is not confirmed, the will and the earlier probate are void.
The Evidence That Wins or Loses a Will Contest
Capacity cases turn on the weeks around the signing: the medical chart, prescriptions, a dementia diagnosis, and what the drafting lawyer and the witnesses saw that day. A will signed in a lawyer’s office with two disinterested witnesses and a self-proving affidavit is hard to attack; a will signed at a kitchen table with the main beneficiary present is not.
Undue influence cases turn on the relationship — who drove the parent to the appointment, who chose the lawyer, who was in the room, and whether the new will departed sharply from earlier ones and from what the parent said to other people.
Improper execution is the narrowest ground and the cleanest: New Hampshire sets exact witness and signature rules, and a will that misses them fails regardless of what the signer intended. Before you contest a will in New Hampshire, gather the prior wills, the medical releases, and the names of everyone at the signing.
Most of that evidence has to be requested formally once the case is filed, and the deadline does not wait for it.
What to Expect When You Contest a Will in New Hampshire
A will contest is a lawsuit about the document, not about fairness. When you contest a will in New Hampshire, the court asks whether the person who signed it had capacity, signed it freely, and signed it correctly. It does not ask whether the split was reasonable. That is why the strongest cases rest on medical records and witness accounts from the weeks around the signing.
Most families who contest a will in New Hampshire settle. Courts encourage it, many states have family settlement rules that let the heirs agree to a different division, and a settlement avoids the cost and delay of trial. The deadline, the grounds, and the no-contest clause above are the three facts that set your bargaining position before any of that begins.
You don’t have to do this alone
If you are settling a loved one’s estate in New Hampshire, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
Key Takeaways: Contest a Will in New Hampshire
- The deadline is everything: the window to contest a will in New Hampshire closes on a fixed schedule, and the court cannot reopen it for a late but valid claim.
- Grounds are specific: you contest a will in New Hampshire on capacity, undue influence, fraud, duress, or bad execution, never on unfairness alone.
- Standing first: only an interested person can contest a will in New Hampshire; check whether you inherit under the prior will or the intestate rules.
- Read the no-contest clause: whether the state enforces it decides how much risk it takes to contest a will in New Hampshire.
- Evidence is medical and financial: records, witnesses to the signing, and the drafting lawyer’s file decide most cases when you contest a will in New Hampshire.
- Settlement is common: most families who contest a will in New Hampshire settle before trial, often through the state’s family settlement rules.
- Find the admission date: the day the will was admitted is the day the clock to contest a will in New Hampshire usually starts.
- Prior wills matter twice: they give you standing to contest a will in New Hampshire and show how far the last will departed from the pattern.
- Notice defects are a lifeline: if you never got the required notice, you may still contest a will in New Hampshire after the ordinary deadline.
- Self-proved wills are harder: a will with a notarized witness affidavit raises the bar to contest a will in New Hampshire on execution grounds.
- Cost scales with the estate: before you contest a will in New Hampshire, compare the likely fees to what you would actually gain.
- Mediation is usually offered: many courts require a settlement conference before anyone who chooses to contest a will in New Hampshire sees a judge.
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Official New Hampshire Sources & Resources
- New Hampshire Probate Court: https://www.courts.nh.gov/our-courts/circuit-court/probate-division
- New Hampshire Will Contest Statute: https://gc.nh.gov/rsa/html/lvi/552/552-7.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This New Hampshire guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.
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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.