Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney about your situation.
Detailed Answer
Under New Hampshire law, a valid will must meet specific execution requirements. RSA 551:3 mandates that a will be in writing, signed by the testator, and witnessed by at least two competent individuals present at the same time. Without these formalities, a document generally cannot qualify as a will. See RSA 551:3.
Because your will was neither witnessed nor notarized, it fails to satisfy New Hampshire’s statutory requirements. The state does not recognize unwitnessed or holographic wills. You have these potential paths:
- Re-execute the Will: If the testator is alive and mentally competent, have them sign the will again before two qualified witnesses. Follow the procedure in RSA 551:3.
- Add a Self-Proving Affidavit: After proper execution, attach an affidavit under RSA 551:5. This step lets you avoid live witness testimony at probate.
- Validate an Out-of-State Will: New Hampshire may admit a will executed elsewhere if it met that jurisdiction’s requirements. See RSA 551:6.
- Prove a Lost or Destroyed Will: If the will existed but was lost or destroyed, you can petition under RSA 551:11. You must present clear, convincing evidence of its contents.
If none of these options apply, the unwitnessed will cannot be admitted, and the estate will pass under New Hampshire’s intestacy rules (RSA 560).
Helpful Hints
- Always sign your will in the presence of at least two qualified witnesses.
- Consider adding a self-proving affidavit to save time during probate.
- Store the original will in a secure but accessible location.
- Review will formalities if you move to another state.
- Consult an attorney promptly to correct any execution defects while the testator is alive.