✍️ Sarah Mitchell
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⚖️ Legally reviewed by James Hartley
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Last reviewed: July 2026
Affiliate Disclosure: Law-Trust.com may earn a commission when you click links to Trust & Will on this page, at no extra cost to you. Our rankings are editorially independent. This article is for informational purposes only and does not constitute legal advice.
New Hampshire stands out in the Northeast as one of the most tax-friendly states in the region — with no broad-based state income tax (the interest and dividend tax was eliminated as of January 1, 2025) and no state estate or inheritance tax. For residents planning their estates, this means only the federal estate tax applies, and the vast majority of New Hampshire families will never owe any estate tax whatsoever.
New Hampshire also has a notable trust law advantage: the state enacted the Qualified Dispositions in Trust Act, making it one of a handful of states that recognizes Domestic Asset Protection Trusts (DAPTs) — a powerful tool for high-net-worth residents seeking asset protection. However, NH probate is more traditional and formal than UPC states.
🎉 New Hampshire Tax Advantage: As of January 1, 2025, New Hampshire has eliminated its interest and dividend income tax — the last remnant of its historical income tax. Combined with no estate tax, no inheritance tax, and no broad-based income tax, New Hampshire is one of the most favorable tax states in the nation for estate planning purposes.
Is an Online Will Legal in New Hampshire?
Yes — online wills are fully legal in New Hampshire when properly executed.
Under N.H. Rev. Stat. § 551:2, every person of the age of 18 and of sound mind may dispose of his or her estate by will. A will must be in writing, signed by the testator or by some person in the testator's presence and at the testator's express direction, and attested and subscribed in the presence of the testator by two or more credible witnesses.
New Hampshire does not require notarization for a valid will. However, New Hampshire allows a self-proving will affidavit that allows the will to be admitted to Probate Court without requiring the witnesses to personally appear and testify — strongly recommended.
Important: No Holographic Will Recognition in New Hampshire
This is a critical distinction: New Hampshire does NOT recognize holographic wills. Under N.H. Rev. Stat. § 551:2, ALL wills require two witnesses, regardless of whether they are handwritten or typed. An unwitnessed handwritten will is NOT valid in New Hampshire. Always ensure two witnesses sign your will.
New Hampshire Will Requirements Checklist
✔ New Hampshire Legal Will Requirements
- You are at least 18 years old and of sound mind
- The will is in writing (typed, printed, or handwritten)
- You sign the will (or direct another to sign in your presence)
- Two credible witnesses sign in your presence
- ⚠️ New Hampshire does NOT recognize holographic wills — two witnesses are ALWAYS required
- Use disinterested witnesses (non-beneficiaries) for best protection
- Notarization NOT required — but a self-proving affidavit is strongly recommended
- No state estate tax — federal exemption ($13.61M) is the only threshold to consider
- Electronic wills not yet recognized under New Hampshire law
Remote Online Notarization in New Hampshire
New Hampshire has enacted remote online notarization legislation, allowing New Hampshire-commissioned notaries to perform notarial acts using audio-video communication technology. This allows NH residents to complete the self-proving affidavit for their will remotely using a RON service, without needing to visit a notary's office in person.
Electronic Wills in New Hampshire
New Hampshire has not yet adopted the Uniform Electronic Wills Act. Electronic wills with electronic signatures are not currently recognized under New Hampshire law. Your will must be in physical, printed form signed in ink by you and two witnesses.
New Hampshire's Domestic Asset Protection Trust (DAPT)
New Hampshire enacted the Qualified Dispositions in Trust Act (codified at N.H. Rev. Stat. § 564-D), making it one of approximately 20 states that recognizes domestic asset protection trusts (DAPTs). Key features:
- Self-settled trust: The person creating the trust (settlor) can be a discretionary beneficiary — meaning you can create a trust, transfer assets into it, and still potentially benefit from those assets, while the assets may be protected from future creditors.
- 4-year waiting period: To be protected from existing creditors, assets must have been in the trust for at least 4 years (shorter if the settlor was not insolvent at the time of transfer).
- Qualified trustee: At least one trustee must be a New Hampshire resident, a NH trust company, or a NH bank.
- Spendthrift provisions: The trust must include spendthrift language restricting the beneficiary's ability to assign trust interests.
- Estate planning use: DAPTs can be structured to remove assets from the taxable estate while retaining potential access — a sophisticated strategy for high-net-worth NH residents.
Note: DAPTs are sophisticated vehicles that require an experienced NH estate planning attorney to implement correctly. An online will service cannot create a DAPT.
Best Online Will Services for New Hampshire Residents
Best overall for New Hampshire — comprehensive documents, living trust option, free updates
Will plan from
$199
NH-Compliant Documents
Two-Witness Guidance
Living Trust Available
Self-Proving Affidavit
Free Lifetime Updates
Trust & Will is our top recommendation for New Hampshire. The service correctly handles NH's two-witness requirement (including the absence of holographic will recognition), generates a self-proving affidavit for simplified Probate Court filing, and offers a living trust option for those wanting to bypass NH's more formal probate process.
✅ Pros
- Correct NH two-witness guidance
- Living trust option to avoid probate
- Self-proving affidavit included
- Free lifetime updates
❌ Cons
- Cannot create a DAPT
- No attorney access included
Start Your New Hampshire Will at Trust & Will →
Best for NH residents wanting attorney guidance on trusts or business succession
Will plan from
$99
Attorney Access
NH Documents
Business Planning
LegalZoom is a good choice for NH residents who want attorney consultation about business succession planning, trust structures, or complex estate situations. The attorney Q&A subscription provides access to licensed NH attorneys.
✅ Pros
- Attorney Q&A access
- Business + personal planning
- Trusted brand
❌ Cons
- Upsells inflate cost
- Updates are paid
Visit LegalZoom →
Good subscription option for NH residents with multiple legal document needs
Membership from
$39.99/mo
Unlimited Documents
Attorney Q&A
NH-Specific Templates
Rocket Lawyer's membership model works for NH residents needing a will alongside real estate documents, business agreements, or rental contracts — all common in NH. The NH will template correctly requires two witnesses.
✅ Pros
- Multiple documents
- Attorney Q&A included
❌ Cons
- Monthly fee
- Less will-focused
Visit Rocket Lawyer →
Best one-time purchase option for New Hampshire residents
One-time from
$99
One-Time Purchase
NH State Guidance
Detailed Instructions
Nolo's WillMaker provides solid New Hampshire-specific guidance including the two-witness requirement. Good one-time purchase option for NH residents who want detailed explanations without a subscription.
✅ Pros
- One-time purchase
- Detailed NH guidance
- Trusted publisher
❌ Cons
- Desktop-focused
- Annual updates sold separately
Visit Nolo WillMaker →
Best budget option for simple New Hampshire estates
Plan from
$39/yr
Lowest Cost
NH Templates
Fast Completion
LawDepot is the most affordable option for New Hampshire residents with simple estates. Produces valid NH wills with two-witness requirements. Best for straightforward estates with clear beneficiaries.
✅ Pros
- Very low cost
- Quick process
❌ Cons
- Limited guidance
- Subscription model
Visit LawDepot →
Service Comparison Table
| Service | Price | Self-Proving Affidavit | Trust Option | Attorney Access |
|---|
| Trust & Will | $199 (will) / $399 (trust) | ✅ Included | ✅ Available | ❌ Extra cost |
| LegalZoom | From $99 | ✅ Included | ✅ Available | ✅ Subscription |
| Rocket Lawyer | $39.99/mo | ✅ Included | ⚠️ Limited | ✅ Included |
| Nolo WillMaker | $99 one-time | ✅ Included | ✅ Available | ❌ No |
| LawDepot | $39/year | ✅ Included | ❌ No | ❌ No |
| NH Estate Attorney | $1,000–$2,500 | ✅ Always | ✅ Available | ✅ Yes |
New Hampshire Probate: Circuit Court Probate Division
New Hampshire probate is handled by the Circuit Court — Probate Division in each county. New Hampshire's probate system is more traditional than UPC states — more court-supervised and formal. Key features:
- Executor appointment: The executor named in the will must be formally appointed by the Probate Court to receive Letters Testamentary.
- Inventory: The executor must file an inventory of all estate assets within 90 days of appointment.
- Creditor notice: Publication in a local newspaper is required to notify creditors.
- Account filing: A final account must be filed with the Probate Court showing all receipts and disbursements before distribution is approved.
- Typical timeline: 12–18 months for uncomplicated estates.
Small Estate Procedures
New Hampshire has relatively low small estate thresholds compared to many states:
- $10,000 threshold: Under N.H. Rev. Stat. § 553:32, when gross personal property does not exceed $10,000, the executor may proceed with simplified administration without formal appointment and inventory filing.
- $25,000 voluntary administration: For estates under $25,000 with no real property, New Hampshire's voluntary administration procedure allows simplified estate settlement without full formal probate.
These low thresholds mean most NH estates with significant assets will require formal probate — making a living trust a valuable option for NH residents who want to bypass the probate process.
New Hampshire Estate Tax & Tax Advantages
- No New Hampshire estate tax: NH has no state estate tax. The state estate tax was tied to the federal state death tax credit, which was eliminated in 2005.
- No inheritance tax: New Hampshire has no inheritance tax on beneficiaries.
- No income tax: As of January 1, 2025, NH's interest and dividend income tax (the last remnant of its historical income tax) has been eliminated. NH residents now pay no state income tax of any kind.
- Federal estate tax only: The 2026 federal exemption is $13.61 million per individual. The vast majority of NH families will never owe any estate tax.
- Property tax: NH has no broad income or estate tax, but does have relatively high property taxes — worth considering for estate planning with real property.
Ready to Make Your New Hampshire Will?
Trust & Will is our top pick for New Hampshire — two-witness compliant, self-proving affidavit, living trust option to avoid NH's formal probate process.
Start Your New Hampshire Will at Trust & Will →
Frequently Asked Questions
Is an online will legal in New Hampshire?
Yes. Online wills are fully legal in New Hampshire under N.H. Rev. Stat. § 551:2. Must be in writing, signed by the testator (age 18+), and witnessed by two credible witnesses who sign in the testator's presence. A self-proving affidavit is strongly recommended for simplified Probate Court filing.
Does New Hampshire have a state income tax or estate tax?
No to both. As of January 1, 2025, New Hampshire has eliminated its interest and dividend income tax — the state now has no broad-based income tax. NH also has no state estate tax or inheritance tax. Only the federal estate tax applies (2026 exemption: $13.61 million). NH is one of the most tax-friendly states in the Northeast.
Are holographic wills valid in New Hampshire?
No. New Hampshire does NOT recognize holographic wills. Under N.H. Rev. Stat. § 551:2, ALL wills require two witnesses — there is no exception for handwritten wills. An unwitnessed handwritten will is invalid in New Hampshire. Always use two witnesses.
What is New Hampshire's Domestic Asset Protection Trust?
New Hampshire's Qualified Dispositions in Trust Act (N.H. Rev. Stat. § 564-D) allows DAPTs — self-settled spendthrift trusts where the creator can be a beneficiary while assets may be protected from future creditors after a 4-year waiting period. This requires a NH-resident trustee or NH trust company and an experienced attorney.
How does New Hampshire probate work?
NH probate is handled by the Circuit Court — Probate Division in each county. More formal and court-supervised than UPC states — requires executor appointment, inventory filing, creditor notice, and court approval of a final account. Typically takes 12–18 months. Small estate simplified procedures are available for estates under $25,000.
What is the small estate threshold in New Hampshire?
NH's thresholds are quite low: $10,000 for simplified administration without formal appointment, and $25,000 for the voluntary administration procedure. Most NH estates with meaningful assets will require formal probate — making a living trust worth considering.
Does New Hampshire recognize remote online notarization?
Yes. NH has enacted RON legislation allowing NH-commissioned notaries to perform notarial acts via audio-video technology. Residents can complete the self-proving affidavit for their will remotely.
How much does an online will cost in New Hampshire?
Online will services range from $39/year to $199 for a complete package. Trust & Will at $199 (will) or $399 (trust) is our top recommendation. NH estate planning attorneys typically charge $1,000–$2,500 for similar documents. Given NH's more formal probate process, the living trust option is worth considering.