North Dakota Last Will and Testament Template

What Is a Last Will and Testament?

North Dakota defines a will as “includes a 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.” (§ 30.1-01-06(62))

Requirements

To execute a valid will, individuals must:

• Be mentally sound and at least eighteen (18) years of age. (§ 30.1-08-01)
• The will must be signed by two competent witnesses. (§ 30.1-08-02(1)(c))
• The will must be in writing. (§ 30.1-08-02(1)(a))

Filing

North Dakota does not require individuals to file their wills during their lifetime. Residents may choose to deposit wills with the local probate court for safekeeping.

Sources

1. 1. § 30.1-01-06(62)
   2. § 30.1-08-01
   3. § 30.1-08-02(1)(c)
   4. § 30.1-08-02(1)(a)