Estate plan

New Hampshire

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

Will

2W

Trust

POA

N

HC Directive

2W

E-will

Not adopted

RON

Limited

Since 2022, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

N.H. Rev. Stat. §551:1 et seq.

Witnesses: 2 required

Two or more credible witnesses must attest and subscribe in the presence of the testator. Remote attestation via simultaneous audio-video is permitted for a paper will when supervised by a New Hampshire-licensed attorney or paralegal (RSA 551:2, III(a)); electronic wills remain prohibited (RSA 551:2, III(b)).

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

2

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

3

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

Acknowledged before a notary public. N.H. Rev. Stat. §564-E:105
Durability is presumed unless the instrument states otherwise
ViewStatutory warning notice
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.
4

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))
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))
Plus

6 more documents with Will.com Plus

$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. Plus

Free
Plus
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime, stored in your account
Annual review reminder
See Will.com Plus →

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.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

Last reviewed: May 12, 2026.

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.

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