The North Dakota last will and testament is a document that is written by a testator to provide proper instruction with regard to how the testator would wish to have their estate distributed upon their death. The document will set fourth specific instructions to their chosen executor as to when and how distribution of the estate must take place. Generally the document will first address what is to be distributed to spouse and children to ensure continued protection to the family. As well, it will provide instructions about what is to be bequeathed to friends, favorite institutions and/or charities among other possible beneficiaries. Some distributions may be fiduciary assets, personal and real property and other possibilities. The document may be revoked or changed at any time.
Definition – 30.1-01-06(60)
Laws – Chapter 30.1-08 (Wills)
Signing (30.1-08-02. (2-502)) – Signed by the Testator and at least Two (2) individual Witnesses.
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 paragrapg
- 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 – Notarization –The remainder of the document will be completed by the notary as required after witnessing signatures
