Last Will and Testament in North Dakota
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What North Dakota law says
| 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. |
|---|---|
| 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 |
| 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. |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · North Dakota tenant rights
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.