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.

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.

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.

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New Hampshire content last reviewed May 18, 2026.

Will

Trust

—

POA

HC Directive

E-will

Not adopted

RON

Limited

Since 2022, not all documents

ROW

Some documents

Remote online witnessing

Community property

Minimum age

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

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 (RSA 551:2, I). Remote attestation via simultaneous audio-video is permitted for a paper will when a notarial officer participates in the audio-video session in one of three statutory capacities (RSA 551:2, III(a)): (1) the New Hampshire-licensed attorney who drafted the will or codicil; (2) another New Hampshire-licensed attorney working under the drafting attorney's supervision; or (3) a paralegal supervised by either such attorney. Witnesses need not be physically located in New Hampshire. Electronic wills remain prohibited (RSA 551:2, III(b)). A beneficial devise to a subscribing witness is void unless there are 2 other disinterested subscribing witnesses (RSA 551:3).

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 permitted under RSA 551:2, III(a) (NH-licensed attorney or supervised attorney/paralegal as notarial officer); applies to wills executed 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 — beneficiary must record within 60 days of transferor's death.

ViewWitness disqualification / interested-witness rule

RSA 551:3 — a beneficial devise or legacy to a subscribing witness, or to the spouse of a subscribing witness, is void unless there are 2 other disinterested subscribing witnesses. The interested witness remains competent to attest the will (the disqualification reaches only the gift, not the witness's testimony).

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

•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.

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 (no advance directive): spouse; adult children; parents; siblings; grandchildren; grandparents; aunts/uncles/nieces/nephews; close friends; financial POA agents; estate guardians. RSA 137-J:37 — a surrogate may not be identified over the patient's express objection, and a surrogacy terminates whenever the patient objects.

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

State-specific signing guide

Download as PDF, print forever

Secure online storage

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

Annual review reminder

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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 allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Permitted under RSA 551:2, III(a) for a paper will when supervised by a NH-licensed drafting attorney, another NH-licensed attorney under that attorney's supervision, or a paralegal supervised by either; simultaneous audio-video required; electronic wills barred by RSA 551:2, III(b).

Will

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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