Making a Will

"Yes, people can write their own wills in New Hampshire. Under New Hampshire law everyone at least 18 years of age and married persons under that age, who are of sane mind, may dispose of their property by their last will in writing. In order for a will or codicil to be valid under New Hampshire law, it must comply with the requirements of the law." Scroll down the page until you reach the section on Wills.

The Circuit Court Probate Division has jurisdiction over a variety of issues including all matters related to wills, trusts and estates, guardianships and involuntary commitment proceedings, adoptions, name changes and partition of real estate.

"Estate planning for our New Hampshire clients, if they are also Florida snowbirds, should factor in a number of unique considerations." (Article begins on page 24)

"Holographic will is an unattested will that is written and signed in the testator’s own handwriting. A holographic will, by definition, does not need witnesses to be valid. Therefore, holographic wills are different from typical wills because a holographic will does not have an attestation requirement. Some states and jurisdictions do not recognize holographic wills. Requirements to create a valid holographic will vary according to state law."

RSA 551:2(d) states that a will must be signed by "... 2 or more credible witnesses, who shall, at the request of the testator and in the testator's presence, attest to the testator's signature." Since a holographic will by definition does not have witnesses, a holographic will is not valid in New Hampshire. Your will can still be handwritten, but it must have the signatures of 2 witnesses.

When a will or codicil is being probated in New Hampshire, but the will or codicil was executed in another state or in a foreign country, this form must be completed by an attorney who is stating that the will was properly executed according to the state or foreign laws in effect where and at the time the will or codicil was executed.