Last Will And Testament requirements in New Hampshire
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will, or direct someone else to sign it in your presence and at your direction.
- You must declare to at least two witnesses that this is your last will and testament.
- Two witnesses must sign the will in your presence. (New Hampshire does not require notarization for a valid will, but it is recommended.)
How to create a Last Will And Testament in New Hampshire
- List your assets and decide who should receive them.
- Choose an executor to manage your estate and a guardian for minor children if needed.
- Draft your will using a template or with the help of an attorney, ensuring it meets New Hampshire's requirements.
- Sign your will in the presence of two witnesses who are not beneficiaries.
- Keep your will in a safe place and tell your executor where it is.
- Review and update your will after major life events like marriage, divorce, or the birth of a child.
What a Last Will And Testament typically costs
Creating a will in New Hampshire can cost as little as $50 to $100 if you use an online template, or $300 to $1,500 if you hire an attorney for more complex estates. Additional fees may apply for notarization or safekeeping services.
Start your New Hampshire last will and testament today to protect your family and your wishes.
Create your last will and testamentBefore You Begin: NH Will Checklist
Gather the right information and understand New Hampshire's specific rules to make your will valid and effective.
- List your assets and debts, including real estate, bank accounts, investments, and personal property, to plan your distributions.
- Decide on your executors and backup executors, and confirm they are willing to serve in New Hampshire.
- Identify beneficiaries and alternate beneficiaries for each asset, and consider contingencies if they pass away before you.
- Review New Hampshire's witness and notary requirements: your will must be in writing, signed by you, and witnessed by two individuals who are not beneficiaries.
- If you have minor children, nominate a guardian and consider setting up a trust to manage their inheritance.
- Consult an attorney if your estate is large, you own a business, or you have complex family situations, to avoid common pitfalls.
Frequently asked questions
Do I need a lawyer to write a will in New Hampshire?
No, you can write your own will as long as it meets the state's legal requirements. However, consulting an attorney can help ensure your will is valid and tailored to your needs, especially for larger estates.
What is the difference between a last will and testament and a living will?
A last will and testament directs how your property is distributed after death. A living will, however, expresses your healthcare wishes if you become incapacitated. Both are important parts of estate planning.
Is a will valid if it is not notarized in New Hampshire?
Yes, New Hampshire law does not require notarization for a valid will. However, you must sign it in the presence of two witnesses. Notarizing can make the probate process smoother, so it is often recommended.
What happens if I die without a will in New Hampshire?
If you die without a will, your assets will be distributed according to New Hampshire's intestacy laws. This may not reflect your wishes. Having a will gives you control over your legacy.