How to Make a Will in New Hampshire

In New Hampshire, people over 18 can write a will themselves or with the help of a professional, such as an attorney or LegalPen, an online writing company. The will should include a list of your property and assets, your beneficiaries and bequests, an appointment with an executor, and a nomination for a guardian for your minor children and pets. It should include your funeral and burial wishes. After writing the will, you should sign it with two competent witnesses. 

What Are the Steps to Create a Will in New Hampshire?

The following are the steps to create a will in New Hampshire:

1. Make a list of all your assets, including but not limited to bank accounts, investments, real estate, personal property
2. Make a list of your beneficiaries, including your spouse, children, parents, friends, charitable organizations
3. Choose an executor or personal representative
4. Choose a guardian for your minor children
5. Consult with an attorney on the type of will you would like to create
6. Choose the will you would like to draft and draft the will
7. Sign the will in the presence of two credible witnesses
8. Store the will safely

What Happens If I Don’t Have a Will in New Hampshire?

You are considered intestate when you do not have a will in New Hampshire. When you die without a will, your estate will be devolved according to the intestacy laws of New Hampshire. Intestacy laws provide for the inheritance of property for close relatives only.  Thus, you should consider writing a will to allow for property inheritance to friends, charitable organizations, and other people. 

What Are the Requirements For Writing a Last Will and Testament in New Hampshire?

The requirements for writing a last will and testament in New Hampshire:

1. Age Requirement: The testator must be at least 18 years old.
2. Mental Capacity: The testator must be of sound mind, understand the nature and extent of the property and assets, and know who their considered beneficiaries are.
3. Signature: the will must be signed by the testator.
4. Witnessing: The will must be witnessed by two credible and competent witnesses. 

How Often Should You Review and Update Your New Hampshire Will?

You should update and review your will yearly. Moreover, the testator should review and update their will if circumstances change, such as property acquisition, marriage, divorce, selling property, or having a child. LegalPen, online will makers, reviews, and updates on will services. 

How to Revise and Update Your Will in New Hampshire?

You revise and update your will in New Hampshire by creating an instrument called a codicil or writing a new will. The codicil can be an appropriate method for minor and major changes; you can write a new will that revokes the existing will and makes changes to the existing will. Both the codicil and the new will should be executed and witnessed in compliance with the will-making laws in New Hampshire. 

What Makes a Will Valid in New Hampshire?

Section 551:2 of Title LVI of the New Hampshire Probate Courts and Decedents’ Estates states that a valid will is one:

1. Made by a testator who is an adult of sound mind;
2. It is in writing;
3. Signed by the testator or by some person at his or her express direction in his presence and
4. Signed by two or more credible witnesses, who shall attest to the testator’s signature at the request of the testator and in the testator’s presence. 

Can a Handwritten Will Be Valid in New Hampshire?

Yes, a handwritten will is valid in New Hampshire. A handwritten will must:

1. Be in the testator’s handwriting;
2. Be signed by the testator and 
3. Be witnessed by two competent witnesses.

How Do I Sign My New Hampshire Will?

You sign your New Hampshire will at the end of the will document. The will is signed by affixing your signature, thumbprint, or initials. Two competent witnesses must attest to the signing of the will. 

What Can I Include in an Online Will in New Hampshire?

A testator has testamentary freedom to include whatever they wish in their will; here are some things they can include in the will: 

1. This is a list of assets, which include land, personal property, vehicles, investment accounts and securities, digital assets, and real estate.
2. List of beneficiaries, including your spouse, your children, your relatives and friends;
3. Name an executor who will be in charge of administering the estate
4. Name a guardian for minors or pets;
5. Name specific bequests
6. Make your funeral wishes

Types of Assets Covered in a New Hampshire Will

The types of assets one can cover in Alabama will include:

1. Real property, such as land and real estate
2. Personal Property: antiques, vehicles, sentimental items, jewelry, pets, personal items, furniture, and appliances.
3. Digital Assets: YouTube accounts, online accounts, social media, and other logins.
4. Money in bank accounts, company shares, business assets, and interests.

Can I Revoke or Change My Will in New Hampshire?

Yes, you can revoke or change a will in Hampshire. Revocation of the will is done by the testator or a person authorized by the testator. For revocation to be considered legal, the testator must have the intention to revoke the will, and they must revoke the will. 

How Do You Revoke or Change Your Will in New Hampshire?

Section 551:13 of the New Hampshire Revised Statute enumerates the revocation of a will. It states that a will may be revoked by a subsequent valid will or codicil that should be in writing and executed in the same manner as the revoked will. Other than revocation by writing a new will, a will in New Hampshire may be revoked by:

1. Written revocation: A written document that clearly states that you revoke your existing will.
2. Physical destruction: The testator can revoke a will by physically destroying it or authorizing someone to destroy the will under their direction. The destruction can be by burning, tearing, obliterating, or mutilating the will. 

Can I Make a Digital or Electronic Will in New Hampshire?

Yes, you can make a digital or electronic will in New Hampshire. However, you have to print it on hard copy for signing by the testator and witnessing by two competent witnesses and then storing it. The insistence on printing an electronic will is because digital or electronic wills are not legal in New Hampshire. 

Who Can Witness a Will in New Hampshire?

Section 551:2 states that the witness of a will must:

1. Be an adult;
2. Be credible, have an understanding of what they are witnessing, and
3. They should not be beneficiaries under the will. 

Should My Will Name an Executor?

Yes, your New Hampshire will should name an executor. An executor is a trusted and responsible person who will administer your estate upon your demise. They will prepare an inventory of your assets, pay taxes, pay any debts and liabilities the estate owes, and distribute your assets as stipulated in the will. 

What Are the New Hampshire Will Executor Requirements?

The executor of the will has pertinent responsibilities in the probate process. Therefore, they must be:

1. An adult of sound mind;
2. The executor must be responsible and a person with integrity;
3. They should not be bankrupt
4. The court may require that the executor be a resident of the county where the decedent resides. When they are not residents, the court may require a co-executor who is a county resident. 

What Happens to a Will After Death in New Hampshire?

After death in New Hampshire, the executor mentioned in the will or any person who knows the physical custody of the will files the will at the probate court in the county where the decedent resided before their death. After filing the will at the probate court, the will is legitimized, debts that the estate owes are paid, federal tax is paid, and then the property is dealt with following the wishes of the deceased. 

What is the Impact of Marriage and Divorce on Your New Hampshire Will?

Section 551:13 of the 2023 New Hampshire Revised Statutes states that divorce and marriage revoke a will. Notably, it states that if after executing a will, the testator is divorced or their marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, or guardian, unless the will expressly provides otherwise. 

Unlike divorce, which revokes the provision of the will that bequeaths property to a former spouse, marriage revokes the entire will unless the will was made in contemplation of marriage. Thus, to prevent this, married couples should consider a will for married couples. 

Do All Wills in New Hampshire Have to Go Through Probate?

Yes, all wills in New Hampshire have to go through probate, although the process might vary depending on the estate’s value and complexity. As of 2024, estates valued at $25,000 and less must undergo a simplified probate process, which provides them with a “small estate affidavit” procedure. Estates valued above $25,000 must go through the probate process, which can take up to one year. 

Is New Hampshire a Community Property State?

No, New Hampshire is not a community property state. It is an equitable division state. However, although it is not a community property state, New Hampshire sometimes splits property 50-50. In equitable division of property, the court considers the length of the marriage, the spouse’s economic situation, the number of children, the spouse’s age, health, occupation, and vocational skills, and the direct and indirect contributions to the acquisition of property. 

How is New Hampshire Intestate Succession Done?

The intestacy laws do Intestacy Succession in New Hampshire. Intestacy laws allow the deceased’s close relatives and family members to inherit the decedent’s property. When the deceased leaves a spouse with no children, the spouse inherits the first $250,000 of the estate plus half of the balance. The decedent’s parents are entitled to part of the surviving spouse’s estate if the decedent does not have children. When the deceased leaves behind a spouse and children, the spouse gets half of the deceased’s estate, and the children get the other half equally. 

When the decedent has no children, surviving spouse, siblings, parents, or other relatives, the deceased’s estate will devolve to the state.

How is Estate and Inheritance Tax in New Hampshire Done? 

New Hampshire does not impose state estate tax or state inheritance tax. However, the federal estate tax applies. However, as of 2024, some estates may be subjected to federal tax exemption for estates whose value is $13.84 and below.