How to Make a Valid Will in North Dakota
North Dakota has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in ND.
North Dakota Will Requirements at a Glance
Who Can Make a Will in North Dakota?
You must be at least 18 years old to make a will in North Dakota. No statutory exceptions for minors. The testator must be of sound mind (NDCC § 30.1-08-01)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (NDCC § 30.1-08-02).
Witness Requirements in North Dakota
North Dakota requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment.
Interested witnesses: An interested witness does not invalidate the will (NDCC § 30.1-08-05)
Notarization in North Dakota
Notarization is not required for a will to be valid in North Dakota. Not required for validity; used for self-proving affidavit. A notarized will may also be self-proving
Self-Proving Affidavit
North Dakota allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (NDCC § 30.1-08-04)
Handwritten (Holographic) Wills
North Dakota does recognize holographic wills. Valid whether or not witnessed if the signature and material portions are in the testator's handwriting (NDCC § 30.1-08-02(2))
Electronic Wills
North Dakota recognizes electronic wills. North Dakota adopted the Uniform Electronic Wills Act (NDCC Ch. 30.1-37). Electronic wills must be in an electronic record, electronically signed, and witnessed
How to Revoke a Will in North Dakota
In North Dakota, a will can be revoked by:
- •Executing a subsequent will that revokes the prior will expressly or by inconsistency
- •Performing a revocatory act by the testator or by another in the testator's conscious presence and at their direction
NDCC § 30.1-08-07
Special Provisions in North Dakota
North Dakota is a separate property/common law state. Surviving spouse has an elective share under the augmented estate system (NDCC § 30.1-05-02). North Dakota adopted the Uniform Probate Code. North Dakota has no state estate tax
Relevant North Dakota Statutes
- NDCC § 30.1-08-01 (Who may make a will)
- NDCC § 30.1-08-02 (Execution; holographic wills)
- NDCC § 30.1-08-04 (Self-proved wills)
- NDCC § 30.1-08-05 (Interested witnesses)
- NDCC § 30.1-08-07 (Revocation)
- NDCC Ch. 30.1-37 (Electronic wills)
- NDCC § 30.1-05-02 (Elective share)
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