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Is an Online Will Legal in New Hampshire?

An online service can prepare a valid New Hampshire will. The document is printed and executed under RSA 551:2: the testator signs it, and 2 or more credible witnesses attest to the testator's signature at the testator's request and in the testator's presence. New Hampshire expressly does not allow electronic wills (RSA 551:2, III(b)). A remote sight-and-sound signing session exists, but only when a New Hampshire licensed attorney involved in drafting, or a supervised attorney or paralegal, serves as the notarial officer, so it is not available for a pure do-it-yourself signing.

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid New Hampshire will.

Sign it fully remotely

Paper signing

Whether New Hampshire recognizes an electronic will executed without an in-person paper signing.

What this means for you

Use witnesses who take nothing under the will: a gift to a subscribing witness or the witness's spouse is void unless 2 other subscribing witnesses signed (RSA 551:3). Adding the RSA 551:2-a self-proving acknowledgment before a notary or justice of the peace at the signing lets the will be admitted without hunting down witnesses later, and New Hampshire also honors wills made self-proved under another state's law.

What New Hampshire Law Requires

The governing law is N.H. RSA ch. 551 (Wills); international wills at RSA ch. 551-A. Each rule below links to the official source it was read from.

RequirementThe New Hampshire ruleStatute
Who can make a willAge 18 or older, sane mind; married minors qualify.RSA 551:1
Written documentRequired.RSA 551:2, I(b)
SignatureThe testator signs. The will may be signed by some person at the testator's express direction and in the testator's presence.RSA 551:2, I(c)
Witnesses2. The will must be signed by 2 or more credible witnesses who, at the request of the testator and in the testator's presence, attest to the testator's signature. Under RSA 551:2, III(a), for wills executed on or after March 23, 2020, a witness is deemed in the presence of the testator if the witness, the testator, the other witnesses, and a qualifying notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign, and the will may be signed in multiple counterparts.RSA 551:2, I(d), III
NotarizationNot required for validity. A self-proving affidavit is optional and speeds probate.RSA 551:2-a

Signing Day in New Hampshire

The will must be signed by 2 or more credible witnesses who, at the request of the testator and in the testator's presence, attest to the testator's signature. Under RSA 551:2, III(a), for wills executed on or after March 23, 2020, a witness is deemed in the presence of the testator if the witness, the testator, the other witnesses, and a qualifying notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign, and the will may be signed in multiple counterparts.

The III(a) deemed-presence rule works only when the notarial officer is the New Hampshire licensed attorney in good standing who drafted the will, another New Hampshire attorney under the drafting attorney's supervision, or a paralegal under the supervision of either such attorney. A witness need not be physically present within New Hampshire when attesting.

The self-proving step worth adding

The sworn acknowledgment covers the testator's signature and free act, the witnesses signing at the testator's request, in the testator's presence and in the presence of each other, and the testator's age and soundness of mind. RSA 551:2-a also provides that a will meeting the requirements of RSA 551-A (the Uniform International Wills Act) qualifies as self-proved, and RSA 551:5, II treats a will self-proved under the law of the state or country where it was executed as self-proved in New Hampshire. Timing: at execution; the statute directs that the signatures of the testator and witnesses be followed by the sworn acknowledgment and prescribes no separate later-date procedure.

Choose witnesses carefully

Any beneficial devise or legacy made or given in a will to a subscribing witness or to the wife or husband of such a witness is void unless there are 2 other subscribing witnesses; the subscribing witness remains a competent witness. A provision for the payment of a debt is not void and does not disqualify the creditor as a witness.

Shortcuts New Hampshire Does and Does Not Recognize

Handwritten (holographic) wills

No

No New Hampshire statute recognizes an unwitnessed handwritten will: RSA 551:2 requires every will to be signed by 2 or more credible witnesses, and RSA ch. 551 (section list verified at the official site on 2026-08-16) contains no holographic-will provision. A handwritten will that satisfies the RSA 551:2 witnessing formalities is simply an ordinary will. A holographic will validly executed in another state or country may be proved and allowed under RSA 551:5. (RSA 551:2)

Oral wills

Narrowly

Two narrow paths. General: a nuncupative will bequeathing personal estate worth more than one hundred dollars is invalid unless declared in the presence of 3 witnesses who were requested by the testator to bear witness, in the testator's last sickness and in the testator's usual dwelling (except when taken sick from home and dying before returning), with a memorandum reduced to writing within 6 days and presented for probate within 6 months of the making (RSA 551:16). Military and maritime: a soldier in actual military service, or a mariner or seaman when at sea, may dispose of movables and personal estate as he might heretofore have done (RSA 551:15).

These provisions reach personal estate only and are practically obsolete; the one-hundred-dollar figure in RSA 551:16 has never been modernized. (RSA 551:15, 551:16)

Electronic wills

No

Basis for the negative: RSA 551:2, III(b) states verbatim that 'Nothing in this paragraph shall be deemed to allow an electronic will or codicil.' New Hampshire has not enacted the Uniform Electronic Wills Act or any equivalent, and RSA ch. 551 (verified at the official site on 2026-08-16) contains no electronic-will authorization. (RSA 551:2, III(b))

Remote witnessing: allowed within the statute’s conditions. For wills executed on or after March 23, 2020, the testator, witnesses, and a qualifying notarial officer may sign while communicating simultaneously by sight and sound through an electronic device or process, in multiple counterparts, with witnesses not required to be physically in New Hampshire. The notarial officer must be the New Hampshire licensed drafting attorney, another New Hampshire attorney under the drafting attorney's supervision, or a paralegal supervised by either such attorney.

A Will Signed in Another State

A will made out of this state, and valid according to the laws of the state or country where it was executed, may be proved and allowed in New Hampshire, and shall thereupon be as effective as it would have been if executed according to the laws of New Hampshire. A will self-proved under the executing jurisdiction's law is self-proved in New Hampshire. (RSA 551:5)

Keep Going

Frequently Asked Questions

Can I make my will online in New Hampshire?
An online service can prepare a valid New Hampshire will. The document is printed and executed under RSA 551:2: the testator signs it, and 2 or more credible witnesses attest to the testator's signature at the testator's request and in the testator's presence. New Hampshire expressly does not allow electronic wills (RSA 551:2, III(b)). A remote sight-and-sound signing session exists, but only when a New Hampshire licensed attorney involved in drafting, or a supervised attorney or paralegal, serves as the notarial officer, so it is not available for a pure do-it-yourself signing.
Does a New Hampshire will need to be notarized?
No. Notarization is not required for a valid New Hampshire will. The optional self-proving step under RSA 551:2-a makes probate easier: The sworn acknowledgment covers the testator's signature and free act, the witnesses signing at the testator's request, in the testator's presence and in the presence of each other, and the testator's age and soundness of mind. RSA 551:2-a also provides that a will meeting the requirements of RSA 551-A (the Uniform International Wills Act) qualifies as self-proved, and RSA 551:5, II treats a will self-proved under the law of the state or country where it was executed as self-proved in New Hampshire.
How many witnesses does a New Hampshire will need?
2. The will must be signed by 2 or more credible witnesses who, at the request of the testator and in the testator's presence, attest to the testator's signature. Under RSA 551:2, III(a), for wills executed on or after March 23, 2020, a witness is deemed in the presence of the testator if the witness, the testator, the other witnesses, and a qualifying notarial officer can communicate simultaneously by sight and sound through an electronic device or process at the time all of them sign, and the will may be signed in multiple counterparts. (RSA 551:2, I(d), III)
Are handwritten (holographic) wills valid in New Hampshire?
No. No New Hampshire statute recognizes an unwitnessed handwritten will: RSA 551:2 requires every will to be signed by 2 or more credible witnesses, and RSA ch. 551 (section list verified at the official site on 2026-08-16) contains no holographic-will provision. A handwritten will that satisfies the RSA 551:2 witnessing formalities is simply an ordinary will. A holographic will validly executed in another state or country may be proved and allowed under RSA 551:5. (RSA 551:2)
Are electronic wills legal in New Hampshire?
No. Basis for the negative: RSA 551:2, III(b) states verbatim that 'Nothing in this paragraph shall be deemed to allow an electronic will or codicil.' New Hampshire has not enacted the Uniform Electronic Wills Act or any equivalent, and RSA ch. 551 (verified at the official site on 2026-08-16) contains no electronic-will authorization. (RSA 551:2, III(b))
Is a will made in another state valid in New Hampshire?
Generally yes, within the statute’s terms. A will made out of this state, and valid according to the laws of the state or country where it was executed, may be proved and allowed in New Hampshire, and shall thereupon be as effective as it would have been if executed according to the laws of New Hampshire. A will self-proved under the executing jurisdiction's law is self-proved in New Hampshire. (RSA 551:5)

Verified against N.H. RSA ch. 551 (Wills); international wills at RSA ch. 551-A on August 16, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in New Hampshire can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.