What happens if a will wasn’t properly signed and is treated as invalid in New Hampshire?

Disclaimer: This is informational only and not legal advice. If you face an actual probate problem, consult a New Hampshire probate attorney promptly.

Detailed answer — overview and likely outcomes

When a document presented for probate is not properly signed under New Hampshire law, the probate court may refuse to admit it as a valid will. If the court finds the document invalid, the estate is generally handled as if there were no valid will (intestate), subject to a few possible exceptions discussed below.

What “properly signed” normally means in New Hampshire

Under New Hampshire law, a valid will is typically a written instrument signed by the testator (the person making the will). Most wills must also be attested and signed by witnesses. Because the precise execution formalities matter, a missing or defective signature (for example, the testator did not sign, the witnesses did not sign, signatures are forged, or the signatures were not made in the required manner or order) can render the will defective for probate.

For the official statutes and rules on wills and probate in New Hampshire, see the state Revised Statutes and the Probate Division pages: New Hampshire Revised Statutes (RSA) and the New Hampshire Probate Division (https://www.gencourt.state.nh.us/rsa/html/; https://www.courts.state.nh.us/probate/).

Primary consequences if a will is held invalid

• Intestate distribution: If no valid will exists, the estate is distributed according to New Hampshire’s intestacy rules. That usually means the surviving spouse, children, parents, or other relatives inherit in a statutory order. The probate court will appoint an administrator to collect assets, pay debts, and distribute property under those rules.
• Appointment of an administrator: Instead of a personal representative named in a valid will (an executor), the court will appoint an administrator (often a close relative) to handle the estate.
• Potential contest and litigation: Beneficiaries named in the defective will, intestate heirs, or creditors can contest the court’s determination. Common grounds include arguing that the signature requirement was actually met, that the document is a valid handwritten (holographic) will, or that there is evidence proving the decedent’s intent.
• Assets might remain frozen longer: If there is a dispute about whether a will is valid, probate may take longer and costs may be higher while the court resolves the matter.

Possible legal ways a seemingly unsigned or defective will can still be admitted

Even when a will’s formal signature requirement appears missing, there are remedies or doctrines that can save the document under certain conditions:

• Proof of signature or attestation: A court may admit a will if witnesses or other admissible evidence confirm the testator actually signed in the required manner. Affidavits from attesting witnesses or other direct evidence may be decisive.
• Copies and evidence of intent: In some situations, a clear copy of a signed will plus testimony about the testator’s intent can persuade a court to accept the document.
• Valid codicil or partial validity: If parts of the testamentary documents satisfy execution rules (for example, a properly executed codicil), those parts may be admitted even if another document is invalid.
• Equitable relief or doctrines: In narrowly defined cases a court may apply equitable principles (for example, recognizing a constructive trust) to honor what appears to be the decedent’s intent, but these remedies are limited and fact-specific.

What the court process looks like

1. A petition to probate the will is filed in the probate division of the New Hampshire Superior Court (the Probate Division handles estate matters).
2. The court reviews the document and any witness affidavits or objections from heirs or creditors.
3. If the will is admitted, the court issues letters testamentary to the named executor. If the will is denied, the court issues letters of administration and the estate proceeds under intestacy rules.
4. Parties can appeal or file motions to contest admissions or denials; contests must meet statutory deadlines and procedural rules.

Consequences for heirs and beneficiaries

If the will is denied, people who expected to inherit under the invalid will may receive nothing, unless they’re heirs under intestacy or can mount a successful challenge. Heirs under intestacy may receive more than they would under the will, or less, depending on family relationships.

Helpful hints — practical steps if you encounter an unsigned or allegedly invalid will

• Do not distribute estate assets without a court order. Distributing assets prematurely can cause liability.
• Gather all documents: the original document, drafts, notes, copies, correspondence, and any affidavits from witnesses who were present when the decedent signed or discussed the will.
• Locate witnesses. Written affidavits from witnesses who saw the signature or attest that the testator intended the paper to be their will can be crucial.
• Check for a valid codicil or other testamentary documents that may have been properly executed.
• Ask whether any handwritten (holographic) document exists and whether the testator’s handwriting and signature can be proved.
• Preserve evidence. Keep originals safe and avoid altering them; chain-of-custody issues or signs of tampering undermine credibility.
• Consult a New Hampshire probate attorney early. Time limits and procedural rules can be strict; a lawyer can help file the correct petitions, prepare affidavits, and represent parties in any contested proceedings.
• If you are an administrator or potential administrator, make sure you understand the duties: inventory assets, notify creditors, pay valid claims, and follow the court’s instructions regarding distributions.

Where to look in New Hampshire law and where to get help

Start with the New Hampshire Revised Statutes (RSA) on wills and probate and the New Hampshire Probate Division resources: New Hampshire Revised Statutes (RSA) online — https://www.gencourt.state.nh.us/rsa/html/ and New Hampshire Probate Division — https://www.courts.state.nh.us/probate/ . For personalized help, contact a local probate attorney who regularly handles will admissions and estate administration.

Remember: This article explains general principles under New Hampshire law and does not replace advice from a licensed attorney about your specific situation.