Free New Hampshire Last Will and Testament Form

A last will is a legally binding document that expresses the testator’s last wish in the form approved by law and establishes the appropriate distribution of the will creator’s assets subsequently after their passing.

As a rule, most people will undoubtedly benefit from writing the last will. An elaborate and appropriately written will can be important to your loved ones and relatives upon your death even if you do not have a lot of assets to distribute.

If you are in search of a fillable and printable New Hampshire last will and testament form, you will find one on this page, along with the recommendations on will creation and answers to commonly asked questions.

New Hampshire Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses 551:2 Requirements
Age of testator 18 or older or married minor 551:1 Testators
Age of witnesses 18 or older 551:2 Requirements
Self-proving wills Allowed 551:2-a Self-Proved Wills
Handwritten wills Recognized if witnessed according to the state law 551:2 Requirements
Oral wills Recognized if meeting certain conditions   551:15 Nuncupative Will 551:16 Validity
Holographic wills Not recognized 551:2 Requirements

How to Make a New Hampshire Last Will

  1. Think about your possibilities. One important thing to take into consideration, first of all, is if you want to write the whole document by hand (holographic will) or use a fillable last will and testament form accessible online.
  2. Indicate your information. Establish the testator and their details: full name and residence (city, county, and state). Reread the remaining portion of the section, including the details you have written and the “Expenses and Taxes” subsection.
  3. Indicate the executor. Pick the executor of your property and specify their specifics: full legal name and place of residence, which should usually be within the same state the testator lives due to the fact most states enforce special rules on out-of-state executors. It may happen that the primary representative will not be able to execute your last will because of a disease, death, unwillingness, or other reasons. In such a case, the court can designate its own agent to undertake the duties. In order to avoid that, it is possible to choose an alternate executor by providing the same details you did for the main one.
  4. Choose the guardian (optional). It’s possible to choose a trusted person as a guardian if you have underage or dependent children that need to be taken care of. In case there are no directions regarding exactly who should take care of your kids, the guardian will be selected by the court.
  5. Specify your beneficiaries. At this point, establish people to whom you want to pass down your property, that is, your beneficiaries. Fill in their full names, places of residence, and your relationship to them (e.g., spouse, child, friend).
  6. Allocate property. In the event that you have got an asset allocation planned that’s different from even, you’ll be able to explain it in this part. Cash, stocks, real estate, company control, money for unpaid arrears, as well as any tangible items of financial worth in your possession, can be mentioned in your last will. Please notice that there are things that cannot be distributed in your last will and testament, such as joint and living will property and life insurance.
  7. Proceed with the witnesses putting the signatures at the end of the document. According to the New Hampshire legislation, for any last will to be considered valid, it must be signed by two witnesses. Only somebody who is not your beneficiary and is of 18 years or more could be chosen as a witness. As an additional precaution against situations when your will is challenged or other problems, it might be wise to name a witness who is younger than you to be sure they will still be there after you die. After a thorough review of each paragraph in your will, all signatories (you and the two witnesses) must fill out their full names and full addresses and sign the document.

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Frequently Asked Questions

What is the difference between 'Power of Attorney' and 'Executor'?


The primary distinction between these two documents is that when you have passed away, the person you designate through power of attorney loses their official authority to manage any matters in your place.

There are two main ones among the power of attorney varieties:

  • General power of attorney – lets you appoint a proxy (agent) who will be able to handle your monetary and legal matters in your stead. However, this document will become invalid if the PoA author dies or becomes incapacitated.
  • Durable power of attorney – grants the identical rights to the proxy as the prior type but remains valid even when the person on behalf of whom the agent acts becomes disabled.

An executor is a person you establish in your last will to manage your matters once you die. The same individual could be both your will’s executor and power of attorney proxy.

Is last will notarization necessary by the New Hampshire statute?


In New Hampshire, there’s no need to notarize your will. However, in case you need to attach a self-proving affidavit to your last will and testament, you’ll need to notarize it. In the event that you make your last will self-proving, the court won’t need to make contact with the witnesses to ascertain the legality of the document, which will expedite the probate.

IMPORTANT: Even though notarization is not required for last wills in New Hampshire, signing a will in front of a notary public usually helps facilitate the probate.

Should I choose an attested or holographic last will and testament?


For any holographic last will to become legally binding, you have to handwrite the entire document, put the date of creating, put your signature on it, and have it witnessed according to the state law. But, such wills are generally regarded as a temporary option. You would like to substitute this kind of last will with an attested one whenever you can by using an attorney’s support or a fillable form. It’s not advised to keep a holographic last will as your final version because it may include ambiguous or conflicting terms, creating a large delay in the probate.

An attested will is a typed document, generally based on a fillable template obtainable online or made with the assistance of an attorney. You would need to have two witnesses (18 years or older) sign the will in your presence so that it is regarded as valid. In some states, you’d have to notarize it, but in New Hampshire, there is no such prerequisite.

What exactly is testamentary capacity?


To be able to make your will and alter it (to be testamentary capable), you must meet specific requirements relating to your legal and mental capabilities (sound mind) first.

fThere’re generally two requirements to fulfill: age and soundness of mind. In most states, you must be over 18 years to create a will. Being of sound mind ensures that you are aware of your estate as well as the heirs of your possessions and thoroughly understand the aftermaths of your doings.

Does a last will require a self-proving affidavit in New Hampshire?


It’s not strictly necessary in New Hampshire. But, in case you wish to add a self-proving affidavit, it can be quite advantageous as the document functions as an alternative for in-court testimony of witnesses in the course of probate.

Can you leave out your children or spouse from a last will and testament?


New Hampshire is not a community property state (also known as marital property). That is a type of interest documentation provided by the law that declares that 50% of all assets (along with debts) of one spouse belong to the other and remain such after divorce.

In the State of New Hampshire in 2018, the divorce rate was 8.4 per 1,000 women over 15 years old, in comparison to the average US rate of 7.7, according to Census.gov.


New Hampshire law permits you to exclude your marriage partner of your last will and testament entirely, but your spouse will have the right to receive a determined minimum amount of your property.

With regard to everyone else, it’s legal in New Hampshire to disinherit members of the family in the last will and testament. With the addition of certain disinheritance sections to your last will and testament, you’ll be able to exclude your adult children or other family members from receiving any of the possessions.

Can my last will be modified without my agreement?


No, it is only you who is permitted to modify your last will and testament. Another person can only sign the last will if you are physically unable to do so.

Can a signed, typewritten last will be altered in New Hampshire?


Yes, you can.

Based on New Hampshire law, it is possible to alter or revoke the will if you aren’t obligated by a legal agreement that indicates the opposite. Additionally, it will be a good idea to revise your last will at the time you undergo a significant life event, including:

  • A child has been born or adopted
  • Marriage or divorce
  • Buying or selling real estate
  • Your financial position has changed considerably

How must I act if my last will and testament has been lost?


If the will is lost or damaged, according to New Hampshire law, the court can recognize it. However, the probate court can be less likely to accept anything except for the original of the last will to probate.

In line with New Hampshire law, the absence of the will can be regarded as its revocation. That means the trustee should provide proof of the last will’s validity, which in turn may be found to be quite troublesome.

For holographic wills, things can get much more complicated because sworn witnesses and testimony will be required.

Additionally, you have also to prove why the last will and its elements cannot be provided in ways that will also ensure it wasn’t repealed.

What should one do if they aren't physically able to sign their last will?


In accordance with the New Hampshire Estate Code, it is possible for someone to sign their will, providing that it’s your (as a testator) directive and with you present. It’s possible to give a particular instruction using some methods. They include verbal communication, a positive answer to a query, or a gesture.

You can get a notary to sign the name of a testator that is physically incapable of doing so if the latter guides the notary with a witness present. It is worth mentioning that these witnesses can’t have an interest (equitable or legal) in any of the assets that are the focus of or impacted by such a document (the last will).

Related documents Download Instances when you may want to have one
Codicil DOCX, ODT, PDF You want to make one or several minor adjustments to your will.
Self-proving affidavit DOCX, ODT, PDF You want to avoid possible difficulties during the probate.
Living will DOCX, ODT, PDF You would like to state your wishes concerning the end-of-life treatment and life-prolonging procedures.
Living trust DOCX, ODT, PDF You need extra protection and confidentiality once the time to distribute your assets comes.
Published: Sep 17, 2020