How many witnesses does a will need in New Hampshire?

A will in New Hampshire must be signed in front of two witnesses. The witnesses do not need to be present together when they sign, but each must witness the testator's signature or acknowledgment. See N.H. Rev. Stat. §551:1 et seq..

Does a will have to be notarized in New Hampshire?

No. Notarization is not required for a New Hampshire will to be valid, but adding a self-proving affidavit (which is notarized) lets the will be admitted to probate without calling the witnesses to testify.

Is a handwritten will valid in New Hampshire?

No. New Hampshire does not recognize holographic wills. Every will must be signed in front of witnesses to be valid.

What is the minimum age to make a will in New Hampshire?

You must be at least 18 years old to make a will in New Hampshire. A married person under 18 may also make a will (N.H. Rev. Stat. §551:1).

Can I sign my will online in New Hampshire?

No. New Hampshire does not currently recognize electronic wills. A will must be signed and witnessed in person on paper to be valid; remote online notarization is allowed for other documents like trusts and powers of attorney.

What documents make up a complete estate plan in New Hampshire?

A complete estate plan in New Hampshire usually includes four documents: a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, and a Healthcare Directive. Will.com generates all four together based on your answers.

Estate plan requirements

New Hampshire

Everything your estate plan needs to be valid in New Hampshire: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Recommended
Living trust	None required	Recommended
Power of attorney	None required	Required
Healthcare directive	2 required, or notary	Alternative to witnesses

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New Hampshire content last reviewed May 18, 2026.

Will

N.H. Rev. Stat. §551:1 et seq.

Witnesses: 2 required

Two or more credible witnesses must sign, and each must attest to the testator's signature at the request of the testator and in the testator's presence (RSA 551:2, I(d)). The will must be in writing and signed by the testator, or by another person at the testator's express direction and in the testator's presence (RSA 551:2, I(b)-(c)). No seal is required (RSA 551:2, II). Remote attestation by simultaneous audio-video is available for a paper will only through the attorney-supervised pathway in RSA 551:2, III(a); electronic wills remain prohibited (RSA 551:2, III(b)). A beneficial devise or legacy to a subscribing witness, or to that witness's spouse, is void unless there are 2 other subscribing witnesses; the interested witness remains a competent witness, and a provision for the payment of a debt is not void and does not disqualify the creditor as a witness (RSA 551:3). Witnesses need not sign in each other's presence for the will to be valid, but the RSA 551:2-a self-proving acknowledgment requires each witness to swear that they signed in the presence of the other witness.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

New Hampshire does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

State-specific notes

•Remote audio-video witnessing of paper wills is permitted under RSA 551:2, III(a) when the notarial officer in the session is the NH-licensed drafting attorney in good standing, another NH-licensed attorney in good standing under that attorney's supervision, or a paralegal supervised by either. RSA 551:2, III applies only to wills executed on or after March 23, 2020.

•Electronic wills barred (RSA 551:2, III(b)).

•RSA 551:10 (pretermitted heirs) was repealed and reenacted by 2022, 261:1, eff. Jan. 1, 2023; companion RSA 551:11 was repealed by 2022, 261:2 the same date.

•RSA 563-D:22 notice-of-death affidavit for transfer-on-death deeds, 2025, 114:1, eff. Aug. 22, 2025; the beneficiary must record within 60 days of transferor's death.

ViewSelf-proving affidavit wording

The testator and the witnesses, being duly sworn, do swear as follows: 1. The testator signed the instrument as the testator's will or expressly directed another to sign for the testator. 2. This was the testator's free and voluntary act for the purposes expressed in the will. 3. Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness. 4. To the best of my knowledge, at the time of the signing the testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.

ViewWitness disqualification / interested-witness rule

RSA 551:3: any beneficial device or legacy in a will to a subscribing witness, or to the wife or husband of such a witness, is void unless there are 2 other subscribing witnesses. The interested witness remains a competent witness, so the disqualification reaches only the gift and not the witness's testimony. A provision for the payment of a debt is not void and does not disqualify the creditor as a witness.

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Signed by the principal (other than by electronic signature), or in the principal's conscious presence by another individual the principal directs, and acknowledged before a notary public or other individual authorized by law to take acknowledgments (N.H. Rev. Stat. §564-E:105).

•The power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal (N.H. Rev. Stat. §564-E:104).

•The agent has no authority to act until the agent has signed, other than by electronic signature, and affixed to the power of attorney the acknowledgment set out in the statute. Sign that acknowledgment in ink; an electronic signature does not satisfy it (N.H. Rev. Stat. §564-E:113).

ViewWarning notice for the principal

INFORMATION CONCERNING THE POWER OF ATTORNEY THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS: Notice to the Principal: As the "Principal," you are using this Power of Attorney to grant power to another person (called the "Agent") to make decisions, including, but not limited to, decisions concerning your money, property, or both, and to use your money, property, or both on your behalf. If this Power of Attorney does not limit the powers that you give to your Agent, your Agent will have broad and sweeping powers to sell or otherwise dispose of your property, and to spend your money without advance notice to you or approval by you. Unless you have expressly provided otherwise in this Power of Attorney, your Agent will have these powers before you become incapacitated, and unless you have expressly provided otherwise in this Power of Attorney, your Agent will continue to have these powers after you become incapacitated. You have the right to retain this Power of Attorney and to release it later or to request that another person retain this Power of Attorney on your behalf and release it only if one or more conditions specified in advance by you are satisfied. You have the right to revoke or take back this Power of Attorney at any time, so long as you are of sound mind. If there is anything about this Power of Attorney that you do not understand, you should seek professional advice.

ViewAgent acknowledgment wording

I, {agentName}, have read the attached power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that when I act as agent, I am given power under the power of attorney to make decisions about money, property, or both belonging to the principal, and to spend the principal's money, property, or both on the principal's behalf, in accordance with the terms of the power of attorney. When acting as agent, I have duties (called "fiduciary duties") to act in accordance with the principal's reasonable expectations to the extent actually known by me and, otherwise, in the principal's best interest, to act in good faith, and to act only within the scope of authority granted in the power of attorney, as well as other duties imposed by law to the extent not provided otherwise in the power of attorney. As an agent, I am not entitled to use the money or property for my own benefit or to make gifts to myself or others unless the power of attorney specifically gives me the authority to do so. As an agent, my authority under the power of attorney will end when the principal dies and I will not have authority to manage or dispose of any property or administer the estate of the principal. If I violate a fiduciary duty under the power of attorney, I may be liable for damages and may be subject to criminal prosecution. If there is anything about the power of attorney, or my duties under it, that I do not understand, I understand that I should seek professional advice.

Advance Directive

N.H. Rev. Stat. §137-J:1 et seq.

Witnesses: 2 required, or notary

New Hampshire accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public or justice of the peace (N.H. Rev. Stat. §137-J:14, I)

State-specific notes

•Either 2 qualified witnesses or acknowledgment before a notary public or justice of the peace satisfies the formality requirement (RSA 137-J:14, I)

•Disqualified witnesses: agent or surrogate, spouse, heir at law, person entitled to any part of the estate, attending practitioner (or anyone acting under the practitioner's direction); no more than one witness may be the principal's health or residential care provider or such provider's employee (RSA 137-J:14, I(a))

•Default-surrogate hierarchy under RSA 137-J:35, I when no health care agent is authorized and available: (a) spouse, or civil union partner or common law spouse as defined by RSA 457:39 if the principal were currently deceased, unless a divorce proceeding, separation agreement, or restraining order limits that person's relationship with the patient; (b) adult son or daughter; (c) either parent; (d) adult brother or sister; (e) adult grandchild; (f) grandparent; (g) adult aunt, uncle, niece, or nephew; (h) close friend; (i) the agent with financial power of attorney or a conservator appointed under RSA 464-A; (j) guardian of the patient's estate. The surrogacy takes effect when the decision-maker's name is recorded in the medical record. Under RSA 137-J:37 a surrogate may not be identified over the patient's express objection and the surrogacy terminates whenever the patient objects; surrogate authority also terminates if the patient regains capacity or a guardian is appointed, and in any event terminates after 180 days unless the patient is determined to be actively dying.

ViewWitness disqualification recital

Neither witness may be the agent or surrogate, the principal's spouse or heir at law, or a person entitled to any part of the estate; nor the attending practitioner or a person acting under the attending practitioner's direction. No more than one witness may be the principal's health or residential care provider or such provider's employee. (RSA 137-J:14, I(a))

Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

	Free	Paid
All 4 state-specific documents	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

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Electronic will status

New Hampshire has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

New Hampshire has adopted RUFADAA (2019). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

New Hampshire authorized RON in 2022.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

New Hampshire does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign. Not available to a self-serve signer. RSA 551:2, III(a) deems a witness to be in the testator's presence over a simultaneous sight-and-sound connection only when a notarial officer is in the session, and that officer must be the New Hampshire-licensed attorney who drafted the will, another New Hampshire-licensed attorney under the drafting attorney's supervision, or a paralegal supervised by either. A will drafted without a New Hampshire attorney has no qualifying officer, so both witnesses must attest in physical presence. Where the route is available it permits counterparts and does not require a witness to be physically within New Hampshire; electronic wills remain barred by RSA 551:2, III(b).

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in New Hampshire for guidance specific to your situation.

Also for New Hampshire

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Free last will and testament, valid in New Hampshire.

New Hampshire healthcare directive

Name your medical decision-maker and treatment wishes.

New Hampshire power of attorney

Name someone to handle finances if you can't.

New Hampshire living trust

Skip probate and keep your estate private.

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