Make a New Hampshire Last Will and Testament

New Hampshire State Last Will and Testament Laws

Laws - Title LVI, Chapter 551: Wills

Witnesses - According to Section 3B:3-2, the Will must be signed by two (2) witnesses.

A Sample New Hampshire Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your full legal name, followed by your identified gender.

Step 2 - List your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, list the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - Provide the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - List the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or disabled in some way, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Enter the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - If there is a specific funeral home you’d like to use, provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the probate court. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian to care for them if you pass away, provide the following information for the guardian, an alternate guardian, and a conservator (if you’d also like to appoint a conservator):

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each beneficiary:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

After you complete your Will, you and your two witnesses must sign it.

Why do you need a New Hampshire last will and testament form?

A New Hampshire last will and testament is an important legal document to have when estate planning. Having a will in the State of New Hampshire allows for you to name an executor who will carry out any wishes outlined in your will. Provisions can be made for any assets, vehicles, real estate, personal property, digital property, or any other personal effects to go to any named beneficiaries. You can also outline guardianship decisions for any minor children in your last will and testament. In addition to leaving anything to family or loved ones, you can also make charitable donations, or outline any wishes you have for your pets upon your death, such as creating a pet trust. Having a will makes it much easier for an executor to carry out your wishes as written in your own words.

The benefits of having a will

According to state law, a last will and testament is not legally required. However, there are many benefits to having one in place.

• The main benefit of having a will is that you can name an executor who will carry out the wishes you outline in your will.
• You can explain how you’d like your assets distributed to your beneficiaries.
• You can name a guardian for your minor children.
• You can create a pet trust.
• You can provide charitable donations out of your estate.
• The State of New Hampshire also allows for an expedited probate process that can speed up the distribution of any property depending on the size of the estate.

The costs of not having a will

Without a legal will in place, intestacy laws will be enacted. This means that the probate courts in New Hampshire will determine the outcome of any distribution of assets as well as guardianship of any minors. Without a will in place in the state of New Hampshire, a surviving spouse will inherit the entirety of the estate in the absence of any descendants. If there are descendants, the surviving spouse will inherit the first $250,000 and half of the remainder with the rest going to the descendants. If there are both a surviving spouse and no children, any surviving parents are also entitled to part of the estate. If there is no spouse, children, or parents, the next closest relative will be identified as the inheritor of the estate. If no relative can be found, the State of New Hampshire becomes the beneficiary and absorbs the estate.