Is An Online Will Legally Valid in New Hampshire?
Yes, online wills are legally valid in New Hampshire. However, there are some rules you should know about what makes them legal. You have to take steps beyond simply creating one online.
Not to worry, FeedingBird helps you every step of the way.
What Makes an Online Will Legally Valid in New Hampshire?
Online wills are legal in New Hampshire as long as you follow the state's execution rules. Electronic wills, meaning wills that are signed and witnessed entirely online without ever being printed, are not recognized. In order for a will to meet legal requirements in New Hampshire, it must be printed on paper, signed by the person stating their wishes (the testator), and signed by two credible witnesses in the testator's presence. Notarization is not required, but it is needed if you want to make the will self-proving, which speeds up probate.
Unlike some states, New Hampshire does not recognize holographic, or handwritten, wills. A handwritten will still needs two witnesses to be valid.
What You Need to Know about Online Wills in New Hampshire
Estate laws can be extremely complex and vary significantly by state. It's important to ensure your online will is structured appropriately to avoid a long, complex legal process.
New Hampshire Property Laws
New Hampshire is a common law property state, not a community property state. This means ownership of an asset generally follows whose name is on the title, deed, or account, rather than being automatically split based on when it was acquired during a marriage.
New Hampshire Probate
New Hampshire does not use a fixed dollar small estate affidavit like many other states. Instead, qualifying estates can use a waiver of administration process when a sole heir or beneficiary serves as administrator or all heirs agree on who should serve. Otherwise, a living trust is typically needed to avoid probate entirely. New Hampshire probate is handled through the Circuit Court, Probate Division, in the county where you live, and creditors have six months to file claims once an administrator is appointed.
Avoiding Probate in New Hampshire
- Put your assets in a revocable living trust. A living trust gives you full control over your estate. You name a successor trustee who will manage distributing your assets after your death.
- Name beneficiary designations on financial accounts. A payable-on-death (POD) designation will specify who receives payment at the time of your death. A transfer-on-death (TOD) designation identifies a new owner for brokerage accounts.
- Identify a beneficiary for real estate. New Hampshire has allowed transfer-on-death deeds (TODD) since 2024, which automatically name a new owner for that property upon your death.
- Establish joint ownership with right of survivorship. This can be helpful and gives your spouse or another co-owner ownership of any joint property at the time of your death.
Want to learn more about trusts in New Hampshire? Check out our comparison chart to learn what’s included in a Trust Plan.
