Revocable Living Trust requirements in New Hampshire
- You must be at least 18 years old and of sound mind.
- Create a written trust document (the trust agreement).
- Name yourself as trustee, and choose a successor trustee to step in if you can’t act.
- Sign the trust document in front of a notary public. (New Hampshire does not require witnesses for trust signing, but notarization is standard.)
- Transfer ownership of your assets (like real estate, bank accounts, and investments) into the name of the trust.
Start your revocable living trust today with a simple template and give your family peace of mind.
Create your revocable living trustHow to create a Revocable Living Trust in New Hampshire, step by step
- List your assets and decide which ones you want to put in the trust.
- Draft your trust document. You can use a living trust template or hire an estate planning attorney.
- Sign the document with a notary public present.
- Retitle your assets: change deeds and account names from your name to the trust’s name.
- Update beneficiary designations where needed, but remember that life insurance and retirement accounts often pass outside the trust.
- Store the trust document safely and tell your successor trustee where it is.
Cost considerations
The cost of a revocable living trust in New Hampshire varies. Using an online template can cost under $100, while hiring an attorney typically ranges from $1,500 to $3,000. The extra cost may be worth it if your estate is complex.
Before You Begin: NH Living Trust Checklist
Gather the right documents and understand New Hampshire's signing rules to create a valid revocable living trust.
- Identify all assets you plan to transfer, such as real estate, bank accounts, investments, and personal property.
- Ensure your trust document is signed by you (the grantor) and notarized; in New Hampshire, a notary is required, but witnesses are not.
- Have your chosen successor trustee's full legal name and contact information ready.
- Decide on your beneficiaries and backup beneficiaries for each asset or category.
- Check your real estate deeds and account beneficiary designations to avoid conflicts with trust terms.
- Keep in mind: the trust must be funded after signing—transfer property titles and account ownership into the trust's name.
Common questions
Do I need a lawyer to create a revocable living trust in New Hampshire?
No, you can do it yourself with a living trust template. However, an attorney can help ensure everything is correct, especially if you own real estate or have a larger estate.
What’s the difference between a revocable living trust and a will?
A will goes through probate in court, while a trust does not. A trust also manages your assets if you become incapacitated. Wills are simpler but less private and more public.
Can I change or cancel my revocable living trust in New Hampshire?
Yes. Because it’s revocable, you can amend or revoke the trust at any time as long as you are mentally competent.
Do I need a separate bank account for the trust?
You should open a trust bank account and transfer your money into it. This ensures the trust actually owns the assets and avoids probate.