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Plan an estate in New Hampshire
Last reviewed Oct 29, 2026 · How we check · Report a correction
Step 1: Make a will
New Hampshire rule: Two witnesses. Notarizing is optional but makes the will self-proved.
- A will must be signed by the testator and by two or more credible witnesses. Source: RSA 551:2, checked Oct 29, 2026.
- A will can be made self-proved with an affidavit signed before a notary or justice of the peace. Source: RSA 551:2-a, checked Oct 29, 2026.
- New Hampshire statute does not provide for unwitnessed handwritten (holographic) wills; the witness requirement in RSA 551:2 applies. Source: RSA 551:2, checked Oct 29, 2026.
Step 2: Financial power of attorney
- A general power of attorney must be signed by the principal (not electronically) and acknowledged before a notary or other official, with a signed disclosure statement attached. Source: RSA 564-E:105, checked Oct 29, 2026.
- A power of attorney is durable by default unless it says it ends on incapacity. Source: RSA 564-E:104, checked Oct 29, 2026.
- New Hampshire provides an optional statutory form power of attorney. Source: RSA 564-E:301, checked Oct 29, 2026.
Step 3: Medical power of attorney / advance directive
Official form or source: RSA 137-J:20 statutory advance directive form (NH General Court)
- Advance directives (durable power of attorney for health care and living will) are governed by RSA 137-J, which includes a statutory form. Source: RSA 137-J:20, checked Oct 29, 2026.
- The advance directive must be signed before two qualified witnesses (not the agent, spouse, heirs or attending practitioner) or before a notary or justice of the peace. Source: RSA 137-J:14, checked Oct 29, 2026.
Step 4: Decide how each asset passes
Transfer on death deed for real estate: Yes. New Hampshire allows transfer on death deeds for real estate under its Uniform Real Property Transfer on Death Act. The deed must be titled “Transfer on Death Deed,” meet ordinary deed requirements, and be recorded at the county registry of deeds before death and within 60 days of signing.
- An individual may transfer property to beneficiaries effective at death by a transfer on death deed. Source: RSA 563-D:5, checked Oct 29, 2026.
- The deed is void unless titled “Transfer on Death Deed,” it states the transfer occurs at death, and it is recorded before death and within 60 days after signing. Source: RSA 563-D:9, checked Oct 29, 2026.
- A transfer on death deed is revocable. Source: RSA 563-D:6, checked Oct 29, 2026.
Also review beneficiary designations on retirement accounts and life insurance, and POD/TOD designations on bank and brokerage accounts. How to avoid probate →
Step 5: Check estate tax
- New Hampshire has no estate tax and no inheritance tax in effect. Source: NH Department of Revenue Administration, checked Oct 29, 2026.
Documents to gather
- Signed will (original) and any codicils
- Financial power of attorney
- Health care directive / medical power of attorney
- Deeds and any recorded TOD deed
- Beneficiary designation confirmations
- A list of accounts, debts, insurance and digital accounts, kept where your executor can find it
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.
Next: What happens after a death in New Hampshire · All New Hampshire rules