How to Make a Will in New Hampshire (2026 Guide)

A will made in New Hampshire must be signed by you and by 2 witnesses to be valid. Yes (N.H. Rev. Stat. Ann. § 551:2-a). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free New Hampshire will covers, generated from the same rules.

Make my free New Hampshire will

New Hampshire will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	N.H. Rev. Stat. Ann. § 551:2
Financial POA statute	N.H. Rev. Stat. Ann. ch. 564-E (New Hampshire Uniform Power of Attorney Act, 2017)
Healthcare directive statute	N.H. Rev. Stat. Ann. ch. 137-J (Written Directives for Medical Decision Making; form at § 137-J:20)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another at the testator's express direction and in the testator's presence), and signed by two or more credible witnesses who, at the testator's request and in the testator's presence, attest to the testator's signature (N.H. Rev. Stat. Ann. § 551:2). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (N.H. Rev. Stat. Ann. § 551:3). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Do you need a notary in New Hampshire?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (N.H. Rev. Stat. Ann. § 551:2-a). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in New Hampshire

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another at the testator's express direction and in the testator's presence), and signed by two or more credible witnesses who, at the testator's request and in the testator's presence, attest to the testator's signature (N.H. Rev. Stat. Ann. § 551:2). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (N.H. Rev. Stat. Ann. § 551:3). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (N.H. Rev. Stat. Ann. § 551:2-a). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. New Hampshire has no general statute for lifetime deposit of a will with the probate division.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take: one-third of the estate if the decedent left descendants; one-half if the decedent left parents or siblings but no descendants; and if no such relatives, the whole estate up to $10,000 plus one-half of the balance (N.H. Rev. Stat. Ann. § 560:10). The spouse also receives a homestead right and allowances (N.H. Rev. Stat. Ann. §§ 480:1, 560:1).

Homestead

No special restriction on devising a homestead by will; a $120,000 homestead right is exempt from most creditors and continues for the surviving spouse (N.H. Rev. Stat. Ann. §§ 480:1, 480:3-a).

If you die without a will in New Hampshire

If you die without a will in New Hampshire, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $250,000 plus three-quarters of the balance. If all of your descendants are also your spouse's and the spouse has no others, the spouse takes the first $250,000 plus half; if your spouse has descendants who are not yours, the first $150,000 plus half; if you have descendants who are not your spouse's, the first $100,000 plus half (N.H. Rev. Stat. Ann. § 561:1). With no spouse, everything passes to descendants, then parents, then siblings. More on intestacy.

Other estate-planning documents in New Hampshire

• Durable financial power of attorney: N.H. Rev. Stat. Ann. ch. 564-E (New Hampshire Uniform Power of Attorney Act, 2017). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction) and the signature must be acknowledged before a notary public or justice of the peace (N.H. Rev. Stat. Ann. § 564-E:105). The agent must sign an acknowledgment of duties before acting (§ 564-E:113). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the registry of deeds before using it for real estate.
• Advance healthcare directive: N.H. Rev. Stat. Ann. ch. 137-J (Written Directives for Medical Decision Making; form at § 137-J:20). An advance directive (durable power of attorney for health care and living will) must be signed by the principal in the presence of either two adult witnesses or a notary public or justice of the peace (N.H. Rev. Stat. Ann. § 137-J:14). A witness may not be the agent, the principal's spouse or heir at law, or a person with a claim against the estate; no more than one witness may be a health care provider or its employee. The statute directs that the directive be in substantially the statutory form and include the statutory disclosure (N.H. Rev. Stat. Ann. §§ 137-J:19, 137-J:20).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

New Hampshire notes

• New Hampshire does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in New Hampshire?

New Hampshire requires 2 witnesses (N.H. Rev. Stat. Ann. § 551:2). Two witnesses. The will must be in writing, signed by the testator (or by another at the testator's express direction and in the testator's presence), and signed by two or more credible witnesses who, at the testator's request and in the testator's presence, attest to the testator's signature (N.H. Rev. Stat. Ann. § 551:2). Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (N.H. Rev. Stat. Ann. § 551:3). The statute does not require witnesses to sign in each other's presence, but the safest practice is for everyone to sign together in one sitting.

Does a will need to be notarized in New Hampshire?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does New Hampshire have a self-proving affidavit?

Yes (N.H. Rev. Stat. Ann. § 551:2-a). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in New Hampshire?

New Hampshire does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in New Hampshire?

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take: one-third of the estate if the decedent left descendants; one-half if the decedent left parents or siblings but no descendants; and if no such relatives, the whole estate up to $10,000 plus one-half of the balance (N.H. Rev. Stat. Ann. § 560:10). The spouse also receives a homestead right and allowances (N.H. Rev. Stat. Ann. §§ 480:1, 560:1).

What happens if I die without a will in New Hampshire?

If you die without a will in New Hampshire, your spouse takes everything if you leave no descendants and no parents. If you leave parents but no descendants, the spouse takes the first $250,000 plus three-quarters of the balance. If all of your descendants are also your spouse's and the spouse has no others, the spouse takes the first $250,000 plus half; if your spouse has descendants who are not yours, the first $150,000 plus half; if you have descendants who are not your spouse's, the first $100,000 plus half (N.H. Rev. Stat. Ann. § 561:1). With no spouse, everything passes to descendants, then parents, then siblings.

Is a no-contest clause enforceable in New Hampshire?

New Hampshire enforces no-contest clauses, but not against an action brought with probable cause, an action to construe the will, an action against a fiduciary, or certain other proceedings listed in the statute (N.H. Rev. Stat. Ann. § 551:22).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.