Create your New Hampshire will with confidence
Protect your loved ones with a New Hampshire will using FindLaw’s attorney-created forms and easy step-by-step process.
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Provide clear guidance and control what happens to your property, children, and pets with a will. Ensure comprehensive protection for you and your loved ones and secure your future with an estate planning forms package.
Last Will and Testament
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Estate Planning Package
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Customized New Hampshire will forms
Having a last will and testament can give you peace of mind. In your New Hampshire will, you can state your wishes for the distribution of your property and name the people you want to care for your children should you die while they are still minors, at what age you want your beneficiaries to access their inheritance, and state any individuals you do not wish to inherit.
If you die without a will, a court may end up making these important decisions regarding who gets your property. But the court’s determinations may not be what you would have wanted. A New Hampshire will can state your final wishes and avoid the hassle of a court proceeding.
Find out what you need to know about creating your own will, such as:
- Learn about your options
- Get information about the next steps in the process
- Get answers to frequently asked questions
With FindLaw, you can easily create a will. Click on the links below to jump down the page:
How it works
It only takes minutes to control your future. Need help? Contact one of our directory attorneys.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time.
Gather information
You will need a list of your assets, contact information for important people, and any wishes you want to be honored when you’re gone.
Complete your documents
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing.
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary.
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
What are the next steps in making my will valid?
If you want a will, you can hire a lawyer or use a will form from a reliable source. If you use a form, follow these steps:
List the assets you’d like to dispose of with your will
There are many different ways to transfer real property and personal property to others. For example, you could transfer property to your loved ones as gifts before you die. Wills are used to dispose of the property that is still in your estate when you die.
Listing the assets that you own can be a great way to start the process of estate planning. Make sure you remember to include the following assets:
- Bank accounts
- Real estate
- Stocks and bonds
- Motor vehicles
Also consider whether you have any items of sentimental value that you would like to reference in your will. Many people have jewelry, art, or other types of personal property they want a particular person to receive when they die.
Pick your beneficiaries
Your beneficiaries are the people who will receive something in your will. Consider the family members, friends, or neighbors you’d like to name as your beneficiaries. You could also have a charitable or another type of organization that you’d like to include in your will. Be sure to specify which charities you’d like to name as beneficiaries and use the full legal names for individuals who you want to receive property.
Pick your guardians
A guardian is a person who will take care of your minor child or incapacitated adult child if you (and your spouse) should die. It is essential to pick someone you trust to take on this role for your children so that a court doesn’t end up making a choice for you.
There are a few things to consider when choosing a guardian for your children. First, make sure the person you’d like to serve as a guardian can handle the responsibility of caring for your child. Secondly, you need to consider the possibility that the person may become incapacitated or otherwise unable to care for your child. If the person you chose can’t perform the duties of a guardian, you’ll need to name an alternate guardian in your will.
Pick an executor
Sometimes called a personal representative, an executor is the person who will administer your estate. An executor’s duties include handling any remaining debts and distributing the property in your estate to the beneficiaries. You should pick someone you trust and who can appear in court if necessary.
You should also pick an alternate executor. That way, if your first choice for an executor is unable to fulfill the role, you’ll already have an alternate named in your will.
Execute your last will and testament
Laws vary from state to state, and there are different requirements for the proper execution of a will. If your will is not executed properly under New Hampshire law, then someone could challenge its validity.
Under New Hampshire Revised Statutes Section 551:1, the person making the will must be at least 18 years of age (or younger and married) and of sane mind. The person who’s making the will is called the testator.
In addition to the requirements for the testator, there are requirements for the will itself. Under New Hampshire Revised Statutes Section 551:2, the will must be:
- In writing
- Signed by the testator (or by someone else at the testator’s direction and in the testator’s presence)
- Signed by at least two credible witnesses
It’s not required that a New Hampshire will be notarized. However, it’s generally a good idea to do so. When a will is notarized, it’s “self-proving.” This means that a court probably won’t have to hear testimony from the witnesses regarding the validity of the will like it does for one that is not notarized. Calling forth witnesses could prolong the probate process for your family and delay the distribution of your assets.
Some states allow unwitnessed holographic wills (handwritten wills), but New Hampshire does not.
Store your will in a safe and accessible place
It’s important that the people who’ll need to access your will when you die are able to get access to it. For example, some people have placed their wills in safe deposit boxes that the executor can’t access. When this happens, family members may have to go to court to get authorization to access the box before they can begin the probate process.
To avoid hassle and delay, put your will in a safe and accessible place. Also, you should be sure to let your executor know where it is stored. For example, you may want to store your will in a safe in your home and let your executor know how to access it.
Review and revise your will as necessary
You might need to revise your will at some point. When major life events occur, it could be important to update your estate planning documents. For example, the birth of a child or a change in your marital status could make revisions necessary.
Commonly asked questions about New Hampshire wills
You don’t need an attorney to make your will in New Hampshire. You can do it yourself with our easy, reliable forms that are crafted to meet the requirements in your state.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. You can contact an experienced estate planning attorney if you’d like to hire a lawyer review your document.
There are free will forms that you can find, but those forms won’t necessarily be specific to New Hampshire. It’s important that the will form you use is tailored to your state laws because it could be invalid if it doesn’t meet the requirements.
Our state-specific forms are vetted by estate planning attorneys. You can get started with the process of creating your New Hampshire will using one of our forms today.
New Hampshire Revised Statues Section 561:1 contains New Hampshire’s laws of intestate succession. The probate court applies these laws to determine which family members should receive shares of the deceased person’s estate and how large those shares should be.
The surviving spouse and children (if any) of the deceased may be entitled to receive a certain share of the estate under the intestate law. If there is no surviving spouse, other family members may be able to take shares of the estate. By creating a will, you can make the determination of who receives property from your estate for yourself.
A living will and a will are two separate legal documents that have different purposes. A living will deals with the type of medical treatment you’d like to receive if you are incapacitated. Many people use living wills to express their wishes about life support and other life-sustaining measures. It is a good idea to add both a living will and a will to your estate plan.
Yes, you can revoke your last will and testament. Under New Hampshire law, you can revoke your last will and testament by:
- Tearing or obliterating your will
- Directing someone else to tear or obliterate your will in your presence
- Making a new will or other writing that revokes the old will
You may want to speak with a lawyer if you:
- Have a past divorce, blended family, or other complex family situation
- Have a high-value estate
- Own a business
- Want to create a special needs trust
- Want legal review of your completed will