NH Law About ...: Making a Will: Read About The Law ...

Searching for a Will?

If the New Hampshire attorney who created a will is no longer practicing, contact the New Hampshire Judicial Branch Circuit Court Administrative Office. Patty Cole, the Court Navigator Service Coordinator, may be able to tell you what happened to the attorney's files. Send an email to PCole@courts.state.nh.us

ASK A LIBRARIAN / PHONE: 603-271-3777 / WEBSITE
SEARCH THE CATALOG / NEW BOOKS / HOW TO BORROW

Open to the public Monday through Friday, 8:30 a.m. to 4:30 p.m.
A to Z Database List / NHLL Blog

Read About The Law ...

Online

Circuit Court. Probate Division. Service Center. Wills - Frequently Asked Questions
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.
Circuit Court. Probate Division
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.
New Hampshire Bar News. Asset and Tax Considerations for Florida Snowbirds. Vol. 32, No. 10 (March 16, 2022)
"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)
Sign in to Westlaw Patron Access Remote for Pro Se/Non-Attorneys
The link above will lead you to a page with instructions for creating a Westlaw Remote account. Search for Wills: New Hampshire, Practical Law State Q&A w-017-0932. "A Q&A guide to the law of wills in New Hampshire. This Q&A addresses state laws and customs that impact wills, including the key statutes and rules related to wills, the rules of intestacy, the requirements for creating a valid will, common will provisions, information concerning fiduciaries, and information regarding making changes to wills after execution, special circumstances regarding gifts made under a will or gift recipients, and lost wills."

Print

Note: The New Hampshire Legislature made changes to the requirements for a valid will, effective Aug. 10, 2021. All of the resources below were written before that change took effect. Please be sure to double check the information with the statute, RSA 551:2 (see next page).

Essentials of estate planning : a continuing legal education program by New Hampshire Bar Association
Call Number: KFN1340.A75 E853 2020
Publication Date: 2020
Discusses the requirements to create a will, essential parts to include in a will, and the execution of a will in addition to discussions of other estate planning tools
Drafting Wills & Trusts 101 by New Hampshire Bar Association
Call Number: KFN1342.Z9 N482 2019
Publication Date: 2019
In addition to a chapter on drafting wills, this book includes a section on a number of unique types of assets: small businesses, the family cabin, retirement assets, Section 529 saving plans, health savings accounts and medical savings accounts, life insurance, and motor vehicles and boats.
Estate Planning Essentials by New Hampshire Bar Association
Call Number: KFN1340.A75 E85 2015
Publication Date: 2015
This book contains a wealth of information on estate planning. The chapter on wills discusses holographic wills, oral (or noncupative) wills, and gives examples of standard will provisions .
A Practical Guide to Estate Planning in New Hampshire
Call Number: KFN1340 .P73
Publication Date: 2012
Although most of the book covers other aspects of estate planning, Chapter 3, called “Fundamental Estate Planning” covers the basic structure of a will, relationship of the will to nonprobate assets, drafting a simple will, and special issues regarding wills. This book also provides a CD ROM with exhibits and forms (including a sample will form) to accompany the information in the book.
A Practical Guide to Probate in New Hampshire by Denis P. Dillon (Editor)
Call Number: KFN1344 .P72
ISBN: 9781575898711
Publication Date: 2018
The chapter on Will Contests: Procedure and Strategy provides valuable guidance on how to avoid will contests with prudent planning as well as how to assure a will contest does not succeed if one does arise.
Wills, Trusts, and Gifts by Charles A. DeGrandpre
Call Number: KFN1280 .N48 v. 7 2003
Publication Date: 2003

Please remember that this guide is for information purposes only and is not comprehensive.
It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use.
NH Law About ... is not a substitute for the services of an attorney.