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North Dakota Last Will and Testament

A North Dakota will needs two witnesses, or acknowledgment before a notary instead. Make a free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the personal representative (executor) who will administer your estate. It can also name a guardian for minor children. In North Dakota, under N.D.C.C. Section 30.1-08-02, a will is valid if the testator signs it and then either two witnesses sign within a reasonable time after witnessing the signing or acknowledgment, or the testator acknowledges the will before a notary public instead of using witnesses. A self-proving affidavit is available under N.D.C.C. Section 30.1-08-04; it is a separate, optional step that needs a notary in addition to the two witnesses and lets the will be admitted to probate without live witness testimony. North Dakota also recognizes a holographic will, a handwritten will valid without any witnesses if the signature and the material portions are in the testator's handwriting, under N.D.C.C. Section 30.1-08-02(2). An interested witness, meaning a witness who is also named as a beneficiary, does not invalidate the will or any of its provisions under N.D.C.C. Section 30.1-08-05, though naming a disinterested witness avoids any question later. Any adult who is of sound mind, meaning age 18 or older, may make a will under N.D.C.C. Section 30.1-08-01. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the person, called the personal representative or executor, who will administer your estate after you die.

  2. 2

    North Dakota requires two witnesses, or a notarized acknowledgment instead. Under N.D.C.C. Section 30.1-08-02, the testator signs and then either two witnesses sign within a reasonable time after witnessing the signing or acknowledgment, or the testator acknowledges the will before a notary public in place of witnesses. An interested witness, one who is also a beneficiary, does not invalidate the will (N.D.C.C. Section 30.1-08-05).

  3. 3

    A self-proving affidavit is available and needs a notary. Under N.D.C.C. Section 30.1-08-04, the testator and the two witnesses can sign a sworn affidavit before a notary public, either at the same time as the will or later. This lets the will be admitted to probate without tracking down the witnesses to testify.

  4. 4

    A holographic (handwritten, unwitnessed) will is valid in North Dakota. Under N.D.C.C. Section 30.1-08-02(2), a will is valid without any witnesses if the signature and the material portions of the document are in the testator's own handwriting.

  5. 5

    The will itself does not need a notary in the standard route. North Dakota's normal execution method uses two witnesses, not a notary. A notary comes in only two ways: as an alternative to witnesses under Section 30.1-08-02(1)(c)(2), or for the separate, optional self-proving affidavit under Section 30.1-08-04.

  6. 6

    You must be 18 and of sound mind to make a will. N.D.C.C. Section 30.1-08-01 requires the testator to be an adult of sound mind; the self-proving affidavit form itself recites that the testator is 18 or older, of sound mind, and under no constraint or undue influence.

  7. 7

    You can revoke a will by a later will or by a physical act. Under N.D.C.C. Section 30.1-08-07, a will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke. A divorce also revokes provisions for a former spouse under the change-of-circumstances rules cross-referenced in Section 30.1-08-08.

Key decisions before you file

Before you file a Last Will and Testament in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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NORTH DAKOTA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, North Dakota, being an adult of sound mind, declare this to be my Last Will and Testament and revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE (EXECUTOR) I appoint [NAME] as personal representative (executor) of my estate. If that person cannot or will not serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall serve without bond to the extent allowed by law.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: identify each item or amount of property and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of every kind and wherever located, not otherwise disposed of above, to [RESIDUARY BENEFICIARY NAME(S)].

  5. EXECUTION AND ATTESTATION Under N.D.C.C. Section 30.1-08-02, I sign this will in the presence of the witnesses named below, or, in place of witnesses, acknowledge it before a notary public. If executed with witnesses, each witness signs within a reasonable time after witnessing my signing or acknowledgment of this will.

Signed this ____ day of ________, 20, at [CITY], North Dakota.

[TESTATOR NAME], Testator

ATTESTATION CLAUSE The foregoing instrument was signed by the testator in our presence and, at the testator's request and in the presence of each other, we now sign our names as witnesses. We are not required to be disinterested; under N.D.C.C. Section 30.1-08-05 a witness who is also a beneficiary does not invalidate this will, though a disinterested witness avoids any question later.

Witness 1 Signature, Address Witness 2 Signature, Address

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) This section may be signed before a notary public, at the same time as this will or afterward, under N.D.C.C. Section 30.1-08-04, so the will can be admitted to probate without locating the witnesses later.

STATE OF NORTH DAKOTA COUNTY OF [COUNTY]

We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being first duly sworn, declare to the officer taking this acknowledgment that the testator signed this instrument as the testator's will, that the testator signed willingly, and that each witness signed at the testator's request, in the testator's presence, and in the presence of each other, and that to the best of the witnesses' knowledge the testator was 18 years of age or older, of sound mind, and under no constraint or undue influence.

[TESTATOR NAME], Testator

[WITNESS 1 NAME], Witness [WITNESS 2 NAME], Witness

Subscribed and sworn before me by [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME] on this ____ day of ________, 20.

Notary Public, State of North Dakota My commission expires: __________

Note: This will is governed by N.D.C.C. Chapter 30.1-08. Execution needs two witnesses, or a notarized acknowledgment instead of witnesses (Section 30.1-08-02); an interested witness who is also a beneficiary does not invalidate the will (Section 30.1-08-05), but a disinterested witness is the safer practice. This is a North Dakota skeleton for a last will and testament. For the complete, customizable full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in North Dakota in about a minute, and notarize it online through DocDraft if it does.

North Dakota Requirements for Last Will and Testament

Two Witnesses, or a Notarized Acknowledgment Instead

Under N.D.C.C. Section 30.1-08-02, a North Dakota will is executed with two witnesses who sign within a reasonable time after witnessing the testator's signing or acknowledgment, or, in place of witnesses, the testator acknowledges the will before a notary public.

An Interested Witness Does Not Invalidate the Will

Under N.D.C.C. Section 30.1-08-05, a will or any provision of it is not invalid because it is signed by an interested witness, meaning a witness who is also a beneficiary. Using a disinterested witness where possible avoids any question later.

A Self-Proving Affidavit Is Available and Needs a Notary

Under N.D.C.C. Section 30.1-08-04, the testator and the two witnesses may sign a self-proving affidavit before a notary public, either at the same time as the will or afterward, so the will can be admitted to probate without locating the witnesses to testify.

Holographic (Handwritten) Wills Are Valid

Under N.D.C.C. Section 30.1-08-02(2), a will is valid without any witnesses if the signature and the material portions of the document are in the testator's own handwriting. Intent may be shown by other evidence, including non-handwritten portions.

No Notary Needed for the Standard, Witness-Based Route

North Dakota's standard execution method uses two witnesses, not a notary. A notary is involved only as an alternative to witnesses under Section 30.1-08-02(1)(c)(2), or for the separate, optional self-proving affidavit under Section 30.1-08-04.

Testator Must Be 18 and of Sound Mind

Under N.D.C.C. Section 30.1-08-01, any adult who is of sound mind may make a will; the age of adulthood in North Dakota is 18. The statutory self-proving affidavit form recites that the testator is 18 or older, of sound mind, and under no constraint or undue influence.

Revoke by a Later Will or a Physical Act

Under N.D.C.C. Section 30.1-08-07, a will is revoked by executing a subsequent will that revokes it expressly or by inconsistency, or by a revocatory act such as burning, tearing, canceling, obliterating, or destroying it with the intent to revoke.

Divorce Revokes Provisions for a Former Spouse

A change of circumstances generally does not revoke a will, except as provided under the cross-referenced change-of-circumstances rules in N.D.C.C. Section 30.1-08-08, under which a divorce revokes provisions made in favor of a former spouse.

Does your Last Will and Testament need to be notarized in North Dakota?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

North Dakota requires two witnesses who sign within a reasonable time after witnessing the testator's signing or acknowledgment of the will, under N.D.C.C. Section 30.1-08-02. As an alternative, the testator can acknowledge the will before a notary public instead of using witnesses. A witness who is also a beneficiary, an interested witness, does not invalidate the will, but naming a disinterested witness avoids any question later.

No, not in the standard route. A North Dakota will is normally executed with two witnesses, not a notary. North Dakota does uniquely allow the testator to acknowledge the will before a notary public instead of using two witnesses (N.D.C.C. Section 30.1-08-02). A notary is also used for the separate, optional self-proving affidavit under Section 30.1-08-04, which is not required for the will to be valid.

Yes. North Dakota recognizes a holographic will, valid without any witnesses, if the signature and the material portions of the document are in the testator's own handwriting, under N.D.C.C. Section 30.1-08-02(2). Testamentary intent can be shown by other evidence, including portions of the document that are not handwritten.

Sign a written will and have it executed under N.D.C.C. Section 30.1-08-02: either two witnesses sign after witnessing your signing or acknowledgment, or you acknowledge the will before a notary public instead. Name a personal representative to administer your estate and, if you have minor children, a guardian for them. You may also complete the optional self-proving affidavit before a notary.

A valid North Dakota will is in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and either signed by two witnesses within a reasonable time or acknowledged by the testator before a notary public, under N.D.C.C. Section 30.1-08-02. The testator must be an adult of sound mind under Section 30.1-08-01. A holographic will is valid instead if the signature and material portions are handwritten.

A self-proving affidavit is a sworn statement, signed by the testator and the two witnesses before a notary public, that lets a North Dakota will be admitted to probate without needing to locate the witnesses to testify later. It is authorized under N.D.C.C. Section 30.1-08-04 and can be signed at the same time as the will or at any time afterward. It is optional, not required for the will to be valid.

You must be 18, the age of adulthood in North Dakota, and of sound mind to make a valid will, under N.D.C.C. Section 30.1-08-01. The statutory self-proving affidavit form itself recites that the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.

You can revoke a North Dakota will by executing a later will that revokes it expressly or by inconsistency, or by a revocatory act, such as burning, tearing, canceling, obliterating, or destroying it with the intent to revoke, under N.D.C.C. Section 30.1-08-07. A divorce also revokes provisions in favor of a former spouse under the change-of-circumstances rules cross-referenced in Section 30.1-08-08.