Can You Write Your Own Will in New Hampshire? What You Need to Know (and Where a Notary Fits In)

One of the most common questions I hear as a mobile notary is: "Can I just write my own will?" The short answer is yes. New Hampshire does not require you to hire an attorney to create a will, power of attorney, or other estate planning document. What matters most is that the document is signed and witnessed correctly.

Here is what you should know before you sit down to sign.

What makes a will valid in New Hampshire

New Hampshire's rules for wills are in RSA Chapter 551. In general, your will needs to be:

• In writing. New Hampshire does not accept a will that is handwritten and unwitnessed, or a will that only exists electronically.
• Signed by you. You must be at least 18 (or married) and of sound mind.
• Witnessed by two adults. Two credible witnesses must watch you sign and then sign the will themselves, in your presence.

New Hampshire is strict about these steps. If the signing is not done correctly, a court may not be able to accept the will, even if everyone knows what you wanted.

Choose your witnesses carefully

Your witnesses should be people who are not receiving anything under your will. If a beneficiary signs as one of your only two witnesses, their gift can be lost. A neighbor, coworker, or friend who is not named in the will is usually a safer choice.

Does a will need to be notarized?

No. A notary is not required to make a will valid in New Hampshire, and a notary does not count as one of your two witnesses.

So where does a notary come in? New Hampshire lets you add a self-proving affidavit to your will. This is a short sworn statement that you and your two witnesses sign in front of a notary. Later, when the will goes to probate, the court can accept it without tracking down your witnesses to confirm they saw you sign. That can save your family time and stress during an already hard season.

One important note: the self-proving affidavit for a will must be notarized in person, not online.

When doing it yourself makes sense, and when to call an attorney

A simple will for a simple situation is often something people can handle on their own using a New Hampshire specific template or trusted online service. It is worth talking to an estate planning attorney if you have:

• A blended family or children from more than one relationship
• A child or loved one with special needs
• A business, rental property, or property in more than one state
• A larger estate, or someone who may challenge your wishes
• Questions about trusts

How Valdez Notary can help

As a commissioned New Hampshire notary, I can:

• Come to you (home, hospital, nursing home, or office) anywhere in the Manchester area and beyond
• Notarize your self-proving affidavit with you and your witnesses present
• Notarize powers of attorney, healthcare directives, and other documents you have already prepared
• Serve you in English or Spanish

What I cannot do: as a notary who is not an attorney, I cannot write your will, help you fill it out, choose forms for you, or give legal advice. That protects you, and it is the law. If you need help drafting, I am happy to point you toward local attorneys.

Ready to sign?

Bring your completed documents, a valid photo ID, and your two witnesses (with their IDs), and I will take care of the rest. Not sure which IDs qualify? See the New Hampshire ID requirements guide.

Book an appointment online or send a message through the contact page. Se habla español.

Disclaimer: Valdez Notary is not a law firm and I am not an attorney. This article is general information, not legal advice. For advice about your situation, please consult a licensed New Hampshire attorney.