Wills
New Hampshire Last Will and Testament
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New Hampshire Last Will and Testament

By 

Jennifer Mcgee

Head of Legal at TrulyWill

It's essential to understand and follow the laws of your state while creating your last will and testament. Keeping up with the guidelines would allow you to create a legal document that upholds in court. If you don't, it could lead to a lengthy probate process wherein your loved ones would suffer. Therefore, you need to learn these rules for your state and ensure that your last will follows them. It would be the best for your family's future and well-being after you pass away.

You'll find that every state has varying rules for a last will and testament. Read to know more about New Hampshire last will and testament laws.

Table of contents

1. Requirements for an New Hampshire Last Will and Testament  

2. Who can be your witnesses?

3. New Hampshire laws for an oral will

4. New Hampshire rules for a personal representative

5. New Hampshire Last Will and Testament Notarization

6. Last Will Revocation rules

7. Last Will Amendment rules

8. New Hampshire rules for divorce after making your last will

9. What happens if you don't have a will in New Hampshire?

10. How can TrulyWill help with your online will?

Requirements for a New Hampshire Last Will and Testament 

  • Written will: A New Hampshire last will and testament must be on paper to be legal. It cannot be audio, video, or other digital file forms. New Hampshire state doesn't allow self-written or holographic wills.
  • Must be of at least 18 age of married.
  • Sound mind and memory: The testator for a New Hampshire last will must understand the will procedure, nature of their estate, and beneficiaries. For the will to be valid, they must have a sound mind and memory.
  • Signed by the testator: To make it legal, you must sign your New Hampshire last will and testament before your two witnesses.
  • Signed by the witnesses: You must have at least two witnesses for the will. They should acknowledge and sign the will before the testator. 

Who can be your witnesses for a New Hampshire Last Will and Testament? 

Your witnesses for a New Hampshire last will must follow these conditions:

  • New Hampshire allows anyone who is competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

New Hampshire rules for an oral will

New Hampshire State allows oral wills. However, the will cannot dispose of the estate exceeding $100 unless any of these conditions are fulfilled:

  • The testator is in actual military service or a mariner at sea. They can dispose of their personal estate and movables.
  • They should have three witnesses for the oral will and be in their last sickness.
  • The oral will was written within six days and submitted to the probate court in six months.

New Hampshire rules for a personal representative or an executor 

Choosing an executor for your New Hampshire last will would be better than leaving it to uncertainty. However, an executor should follow these guidelines to be eligible for the role:

  1. Must be at least 18 or above
  2. Capable of performing the job, i.e., of a sound mind.
  3. New Hampshire doesn't restrict people convicted of a felony from being executors.
  4. New Hampshire allows you to choose someone out of state as your executor as long as they're approved by the court and appoint a state resident as their agent.

Last will and Testament Notarization in New Hampshire 

There's no need to notarize your New Hampshire last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.

New Hampshire Last Will Revocation 

You could follow any of the following methods to revoke your New Hampshire last will and testament:

  • Destroy your last will by tearing, burning, obliterating, shredding.
  • Asking someone to destroy the last will before you and two witnesses 
  • Making a new legal will, which revokes any part or the entire previous will.
  • Make a legal document that states the revocation of your previous New Hampshire will.

New Hampshire Last Will Amendment Rules 

If you wish to make some minor and simple changes to your New Hampshire last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

New Hampshire rules for divorce after making your last will

  • New Hampshire law revokes any gift you leave to your spouse.
  • Revokes any appointment of your spouse as the trustee or executor 
  • The same provisions apply to the children or descendants of your spouse. 
  • However, the provisions will stand if you state otherwise in your New Hampshire will or remarry your ex.

What happens if you don't have a will in New Hampshire?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has a spouse, no children, no parents 

Spouse inherits everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)

The spouse has no other children 

Spouse gets the first $250,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and children (Children you share with that spouse)

The spouse has children from another relationship 

Spouse gets the first $150,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and children (Children you share with someone else)

Spouse gets the first $100,000 of your estate and half of the remaining estate


Your children inherit the balance 

Has a spouse and parents 

Spouse gets the first $250,000 of your estate and three-fourths of the remaining estate


Your parents inherit the balance 

How can TrulyWill help with an online Will and Testament? 

TrulyWill is the perfect option to create a hassle-free online last will. You could go to the platform from your home's comfort and make your online will and testament. Online wills are a straightforward process; you should opt for them rather than spending hours in a lawyer's office. Furthermore, the process is pretty simple; you just add details, review for mistakes, read the guidelines, and download. That's it!

What else can TrulyWill do?

TrulyWill helps fulfill your varying needs for a will. You can opt for a simple last will and testament online or seek professional help. We offer everything from one-on-one legal support to solve your will issues.

Furthermore, you could opt for a trust-based plan depending on what suits you better. TrulyWill can help you figure out the process and help avoid substantial legal fees. So, you should go to the platform and get your online will in just a few minutes.

Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

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What would happen to my estate if I had no immediate family?
If you create a will before you pass away, your estate will go to the beneficiaries you've mentioned. However, if you die without a will, it could go to your extended family or even the state if there are no relatives.
Does my will dispose of all my assets?
A will would only dispose of the assets mentioned in it. You could decide which assets go to whom. However, it's always better to mention all your assets.
Can I decide who would look after my minor children in my will?
Yes, you should name a person as the guardian of your children in your will. It would help avoid any hassles, and they could look after your kids after you pass away.
Do I need a lawyer to make my last will and testament?
There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.
What would happen if someone passes away without a will?
The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.
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