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New Hampshire law

Estate Planning Laws in New Hampshire.

New Hampshire has adopted the Uniform Probate Code and the Uniform Trust Code. Estate administration runs through the Circuit Court Probate Division. New Hampshire recognizes holographic wills are NOT valid — all wills must be attested by two witnesses (or notarized self-proved). A Summary Administration procedure exists for small estates. New Hampshire is one of the leading states for dynasty and asset-protection trusts with an abolition of the rule against perpetuities (RSA 564-A) and favorable domestic asset-protection trust statute (RSA 564-D). New Hampshire has no state estate tax and no state inheritance tax.

Last verified: 2026-04-17

State law

Key New Hampshire Statutes

Execution of WillsRSA 551:2

A will must be in writing, signed by the testator (or another at the testator's express direction) in the presence of 2 or more credible witnesses, who shall attest the will by signing it in the testator's presence.

Holographic Wills — NOT RecognizedNew Hampshire common law

New Hampshire does not recognize holographic wills. All wills must comply with formal execution requirements including two attesting witnesses.

Uniform Trust Code (Adopted)RSA Chapter 564-B

New Hampshire has adopted the Uniform Trust Code with New Hampshire-specific modifications favoring trust flexibility.

Abolition of the Rule Against PerpetuitiesRSA 564-A:4

New Hampshire has abolished the common-law rule against perpetuities for trusts, permitting perpetual (dynasty) trusts. This makes NH one of the leading states for multi-generational estate planning.

Qualified Dispositions in Trust Act (Asset Protection Trust)RSA Chapter 564-D

New Hampshire permits self-settled spendthrift (asset protection) trusts. After a 4-year seasoning period, future creditors generally cannot reach trust assets.

Summary AdministrationRSA 553:32

Permits simplified estate administration for qualifying estates, including voluntary administration for estates where the surviving spouse or sole heir is the personal representative and assets are within statutory limits.

Spousal Elective ShareRSA 560:10

A surviving spouse may waive the will and elect a statutory share (up to one-third of the net estate after expenses, depending on whether there are surviving issue).

Advance Directive — Living Will and DPA Health CareRSA Chapter 137-J

Authorizes living wills and durable powers of attorney for health care. New Hampshire requires specific execution formalities including two witnesses or notarization.

No State Estate or Inheritance TaxNew Hampshire does not impose either tax

New Hampshire imposes no estate tax and no inheritance tax, making it one of the most tax-friendly states for estate planning. The former Legacy and Succession Tax was repealed in 2003.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Hampshire.

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