How to Make a Valid Will in North Dakota
What North Dakota law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). N.D. Cent. Code §§ 30.1-08-01, 30.1-08-02
| Requirements for a valid will | Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments. North Dakota accepts a will acknowledged before a notary, without witnesses, as an alternative to two witnesses. |
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| Handwritten (holographic) wills | Yes. A will that does not meet the witness or notary requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will can be shown by outside evidence, including portions not in the testator's handwriting. |
| Self-proving affidavit | A witnessed will can be made self-proved at signing by the testator's acknowledgment and the witnesses' affidavits, made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal, in substantially the form set out in the statute. Source: N.D. Cent. Code § 30.1-08-04 |
More North Dakota estate law
- Medical Power of Attorney in North Dakota
- Small Estate Affidavit in North Dakota
- Power of Attorney in North Dakota
- Quitclaim Deeds and Transferring Property in North Dakota
- Who Inherits If You Die Without a Will in North Dakota
- How Probate Works in North Dakota
- Living Wills and Advance Directives in North Dakota
- Revocable Living Trusts in North Dakota
- Executor Duties in North Dakota
- Letters Testamentary in North Dakota
- Affidavit of Heirship in North Dakota
- How to Avoid Probate in North Dakota
- Transferring a Car After Someone Dies in North Dakota
- All North Dakota wills, probate and estate rules
FAQ
What makes a will valid in North Dakota?
Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments.
Is a handwritten will valid in North Dakota?
Yes. A will that does not meet the witness or notary requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will can be shown by outside evidence, including portions not in the testator's handwriting.
Does a will need to be notarized in North Dakota?
A witnessed will can be made self-proved at signing by the testator's acknowledgment and the witnesses' affidavits, made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal, in substantially the form set out in the statute.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.