Will Writing Service in New Hampshire

Before starting on your estate planning journey, and more specifically, will writing in New Hampshire, there are crucial steps that one should understand. To begin with, individuals must be of sound mind and of legal age, 18 years or older, to create a will. The will must be in writing, among other formal requirements detailed below.

How Much Does it Cost to Write a Will in New Hampshire

Depending on the attorney fees, the complexity of your estate, and your wishes and needs, the average cost of writing a will in New Hampshire is $ 500. Moreover, a testator writing the will alone may incur zero costs. However, writing a will alone may expose the will to invalidity contests. 

Can I Write a Will Without a Lawyer in New Hampshire?

Yes, you can write your will without a lawyer in New Hampshire. An adult of sound mind, with over 18 years of experience, can dispose of their property through a will as they wish. 

Is It Legal to Write Your Own Will in New Hampshire?

Yes, it is legal to write your own will. Whether typed or handwritten, wills are valid in New Hampshire. However, to be valid, a handwritten will must be written in the testator’s handwriting, signed by the testator, and witnessed by two competent witnesses. A print will must be signed by the testator and witnessed by two competent witnesses. 

Does a Will in New Hampshire Need to be Notarized?

No, a will in New Hampshire does not need to be notarized. However, when a testator wants to add a self-proving effect to the will, they can notarize their will in the presence of a public notary.

Do I Need a Lawyer to Make a Will in New Hampshire?

No, you do not need a lawyer to make a will in New Hampshire. A testator can make the will by themselves, using online platforms such as DIY tools and free websites. Additionally, testators can engage LegalPen, an online will writing company. 

Do I Need a Lawyer to File a Will in New Hampshire?

No, you do not need a lawyer to file a will in New Hampshire. The testator may file their will at the probate court during their lifetime. Alternatively, after the testator’s demise, the executor or personal representative may file the will at the probate court in the county where the decedent was residing. 

Are Online Wills Legal in New Hampshire?

No, online wills are not legal in Hampshire. However, Testators can create their wills online and print them for signing, witnessing, and storing. An online will is a will that is written entirely in digital format, signed, and witnessed online.

How to Include Digital Assets in a New Hampshire Will

Section 554-A:6 of the New Hampshire Revised Statutes provides the procedure for disclosing digital assets. Digital assets are assets that exist digitally and are transferred electronically. They include cryptocurrencies, digital tokens, software, domain names, and e-books.  

When disposing of digital assets, one should grant a fiduciary or designated recipient full or partial access to the user’s account. They should instruct the designated recipient on how to utilize the digital assets.  

How to Disinherit Someone in a New Hampshire Will

You can disinherit someone in a New Hampshire will by explicitly stating that you do not intend someone to inherit your property. The disinheritance clause can include reasons why you are disinheriting someone. A sample of a disinheritance clause is as follows: 

“ I, Mary Johannesen, being of sound mind and body, declare that I intentionally choose to disinherit John Roberts, my son, from inheriting any of my assets. This decision is due to my strained relationship with him.”

How to Handle Debts and Liabilities in a New Hampshire Will

When making your will, you can handle debts and liabilities by following the procedure below:

1. Identify your debtors and how much you owe them;
2. Name your debtors and the loans you owe them;
3. Maintain updated statements on the payment progress; 
4. Make a priority list for the payment of the debts and 
5. Leave instructions on how the debts will be paid.

How to Provide for Minor Children in a New Hampshire Will

Depending on the number of minor children, a person may appoint one or more guardians to care for them when they pass. The person you choose as a guardian should care for the child’s best interests. After choosing a guardian, you can allocate resources to facilitate the care of the children.

Alternatively, you can establish a trust to manage the financial resources of the parent or parents for the benefit of your children. 

How to Store Your New Hampshire Will Safely

When storing your New Hampshire will, you should consider safety and accessibility. You may store your will at home or with a third party. At home, one can store their will in a waterproof and fireproof safe deposit box. Testators may opt to store their wills with an attorney, with a trusted friend, or in a bank. 

How to Contest a Will in New Hampshire

Contesting a will is the process of challenging its validity, often as part of an estate settlement. A will may be contested by the legal heirs of the estate, beneficiaries under the will, beneficiaries under a previous will, and creditors of the estate. Contesting a will must be done within six months of the will being submitted to probate. Contesting a will is done by filing a petition in the probate court. To ensure the contest is done correctly, you should seek the guidance of an estate attorney.

The will may be contested if it was made under undue influence if it was improperly witnessed, if the testator lacked testamentary capacity, or if it was made under improper witnessing. 

What Are No-Contest Clauses in New Hampshire Wills?

A no-contest clause, alternatively known as a terrorem clause, is included in a will that generally discourages beneficiaries under a will from contesting the provisions of the will. The clause intends to disinherit anyone who contests any provision in the will. 

What is the Difference Between Probate in New Hampshire and Montana?

Whereas New Hampshire has separate Probate Courts that handle all matters of probate, in Montana, probate cases are handled by the district courts. The district courts handle probate matters alongside other cases. The procedural requirements in Montana district court vary with the procedural probate process in New Hampshire. Will Writing Service in Montana has more details on the probate process in Montana. 

How to Handle Foreign Property in a New Hampshire Will

Before writing a will to include property in another country, such as the United Kingdom, Canada, or South Africa, you should consult an estate attorney in New Hampshire and the country where the property is situated. The estate attorney in the country where the property is situated may recommend that you create a valid will in the country where the property is situated. 

Section 551:5 of the New Hampshire Probate Courts and Decedents’ Estates states that a will made out of the New Hampshire state and valid according to the laws of the country where it was executed may be proved and allowed in New Hampshire and shall thereupon be effective as it would have been if executed by the laws of Hampshire.

How to Make a Will for Same-Sex Couples in New Hampshire

In 2009, New Hampshire signed into law the marriage equality bill legalizing same-sex couples. Thus, same-sex couples can marry and create their wills like opposite-sex couples. Same-sex couples may write their wills by themselves, either jointly or separately. Jointly, they can make a will for married couples. Same-sex couples who intend to write their will can check out How to Write a Will in New Hampshire. 

How to Plan for Pet Care in Your New Hampshire Will

Before planning for pet care in New Hampshire, you should consider the pet’s needs, the expenses required to care for your pet, the ability of the prospective guardian to care for your pet, and their attitude towards your pet and pets in general. After considering all these factors, you should appoint a guardian for your pets, allocate funds to facilitate the care of your pet, and leave detailed instructions on how to care for your pet.

Upon evaluating a suitable guardian for your pet, if you do not find one, you can appoint a pet shelter to adopt your will upon your demise.  

How to Handle Business Succession in a New Hampshire Will

Before embarking on business succession, principal business owners should endeavor to establish a legal or formal business format. After establishing a solid business format, depending on its nature and complexity, you can create a business succession plan. In this plan, you can decide to leave your business to your business partner, your friend, your employee, or your children. After choosing a potential business successor, you can train and empower them to take on business after your demise. 

How to Handle Out-Of-State Property in a New Hampshire Will

You can handle out-of-state property by including it in your New Hampshire Will or drafting a will valid in the state where the property is located. Section 551: 5 of Probate Courts and Decedents’ Estates states that a will that is made out of state and is self-proved according to the laws of the state where it was executed is self-proved in New Hampshire and shall be allowed as such by the probate court.

What is the Difference Between Holographic Wills and Statutory Wills in New Hampshire?

Holographic wills and statutory wills are types of wills. Holographic wills are valid in New Hampshire insofar as they are handwritten by the testator in the testator’s handwriting, are signed by the testator, and are witnessed by two competent witnesses. On the other hand, New Hampshire does not have statutory wills or a specific form for a will considered valid in New Hampshire. Testators are allowed their testamentary freedom.