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North Dakota Last Will and Testament

A North Dakota last will and testament is a legal document instructing the distribution of an individual's financial accounts, real and personal property, cash-on-hand, life insurance policies, and other assets/property upon death.
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Updated April 02, 2025

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Who can make a will?

Any adult of sound mind can make a will.[1]

Signing Requirements

Must be signed by the testator in the presence of at least two individual witnesses or a notary public.[2]

Any person who is generally competent to be a witness, including an interested party, can act as a witness.[3]

State Definition

“Will” includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.[4]

Sample

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Sources

  1. N.D. Cent. Code § 30.1-08-01
  2. N.D. Cent. Code § 30.1-08-02(1)(c)
  3. N.D. Cent. Code § 30.1-08-05
  4. N.D. Cent. Code § 30.1-01-06(62)