Updated June 17, 2022
A North Dakota last will and testament is a legal document, created by a testator (individual to whom the will belongs), that details instructions regarding the distribution of their financial accounts, real and personal property, cash-on-hand, life insurance policies, as well as any other assets/property upon their death. A testator’s property can be transferred upon their death to relatives, friends, charitable organizations, or whomever the testator determines should inherit certain property. It is required under North Dakota law for the document to be signed by the testator in the presence of two (2) competent witnesses. And though optional, a testator can have the will acknowledged by a state-authorized notary public to further verify its legality. This document may be revoked or changed at any time.
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Laws
Definition – (30.1-01-06(62)) – “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.
Signing Requirements (30.1-08-02. (2-502)) – Signed by the Testator and at least two (2) individual Witnesses.
Statutes – Chapter 30.1-08 (Wills)
Video – How to Make a Will in North Dakota
How to Write
Step 1 – Simply enter the testator’s name into the first field at the top of the page to establish the owner of the will, after which the following must be entered below the testator’s title:
- Name of testator
- City/resident
- County/resident
- Review of the remaining portion of the paragraph
- Read and review the title “Expenses and Taxes”
Step 2 – Appoint an Executor/Representative
- Testator must propose their selection of appointment as executor – then provide:
- Executor’s City and county
- State
The testator should consider selection of an alternate appointed representative in any event or for any reason at all, that the initially selected executor should become unable to serve the distribution of the testator’s estate- As this person has been decided, enter the following information:
- Name
- City and County
- State
Step 3 – Disposition of Property for Beneficiaries:
Beneficiaries – The following information is required:
- Name each respective beneficiary
- Enter an address for each person named
- Specify the beneficiary’s relationship to the testator
- Enter the last four digits of the SSN for all named beneficiaries (required)
- Provide description(s) of any property bequeathed to each person named in the document
Step 4 – Advised review of all of the titled sections:
- Omission
- Bond
- Discretionary Powers of Personal Representative
- Contesting Beneficiary
- Guardian Ad Litem Not Required
- Gender
- Assignment
- Governing Law
- Binding Arrangement
Step 5 – Signatures – All persons signing the document must also enter:
- Testator name
- Date testator’s signature
- Testator’s must provide their signature
- Enter testator’s printed name
Witnesses – Witnesses review the section, then enter:
- Any signatures must be dated in dd/mm/yyyy format
- Testator’s name
Witness 1 –
- Signature
- Address
Witness 2 –
- Signature
- Address
Step 6 – Testament of Affidavit – All must review and enter the following:
- State
- County
- Testator’s name
- Witness 1 name
- Witness 2 name
- AND
- Testator signature
- 1st Witness must provide signature
- 2nd Witness must provide signature
Step 7 (Optional) – Notarization – The remainder of the document will be completed by the notary as required after witnessing signatures.
Related Forms
Download: Adobe PDF
Durable (Financial) Power of Attorney
Download: Adobe PDF