Free North Dakota Last Will and Testament Form

A last will is a legal instrument that contains the directions of a person (testator) with regards to their assets in case of death, made in the form prescribed by law. As a preventative measure, it’s strongly suggested to come up with a last will.

Even if you haven’t got a lot of assets, a last will could actually help your family situation and end up being crucial to your close relatives upon your death.

In case you’re searching for a fillable and printable North Dakota last will and testament form, you will find one on this site, as well as the recommendations on last will creation and solutions to commonly asked questions.

North Dakota Last Will Laws and Requirements

Requirements State laws
Signing requirement Two witnesses 30.1-08-02. (2-502) Execution – Witnessed wills – Holographic wills
Age of testator 18 or older 30.1-08-01. (2-501) Who may make a will
Age of witnesses 18 or older 30.1-08-05. (2-505) Who may witness
Self-proving wills Allowed 30.1-08-04. (2-504) Self-proved will
Handwritten wills Recognized if meeting certain conditions 30.1-08-02. (2-502) Execution – Witnessed wills – Holographic wills
Oral wills Not recognized
Holographic wills Recognized if meeting certain conditions

How to Prepare a North Dakota Last Will and Testament

  1. Consider your alternatives. One thing to bear in mind, first of all, is whether you wish to write the entire document by hand or use free will forms available online.
  2. Indicate your information. The initial step is establishing the testator by filling out their full name, along with the residential info (city, county, and state). Go through the details you wrote along with the rest of the passage, including “Expenses and Taxes.”
  3. Appoint the executor. Select the executor of your property and specify their details: full legal name and place of residence, which will ordinarily be in the same state the testator lives mainly because the majority of states enforce special policies on out-of-state executors. It may well happen that your primary representative will not be able to carry out your will because of a sickness, death, disinclination, or other reasons. In this situation, the court will probably appoint its own representative to handle the duties. To prevent that, you can decide on an alternative executor by providing the same details you did for the primary one.
  4. Choose the guardian (optional). Should you have minor or dependent children and don’t want the court to pick a guardian for them when you’re no longer on this Earth, it is possible to appoint a friend or acquaintance as a guardian for your children.
  5. Indicate your beneficiaries. This is where you specify those who will receive your assets. For every named beneficiary, indicate the next details: full legal name, address, and the way they are related to you.
  6. Distribute assets. If you have an asset allocation in mind that is not proportional, you can explain it within this part. Cash, stocks, real estate, business ownership, money for unresolved arrears, as well as any physical things of monetary worth in your possession can be mentioned in your last will. Yet, joint and living will property, along with your life insurance, can’t go in your last will.
  7. Continue with the witnesses putting the signatures at the end of the document. According to the North Dakota Century Code, for a will to be legally correct, it has to be signed by two witnesses. Only someone who is not your beneficiary and is of 18 years or more can be picked as a witness. Think about selecting witnesses who are younger than you to ensure they will likely be present in the event the will is contested in the court or if any other problem takes place. After a thorough revision of each passage in your will, all parties involved (you and the two witnesses) must fill out their full names and full addresses and sign the document.

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Frequently Asked Questions

What's the primary difference between 'Power of Attorney' and 'Executor'?

The principal difference between the two documents is that when you are gone, the person you name via power of attorney loses their legal authority to manage any matters instead of you.

You can find various types of power of attorney, the two primary ones being:

  • General power of attorney – allows you to name a proxy (agent) who’ll have the ability to take care of your financial and legal affairs instead of you. But, this document will become invalid in case the PoA author dies or becomes incapacitated.
  • Durable power of attorney – grants the identical rights to the proxy as the prior type but continues to be valid even when the individual on behalf of whom the agent acts becomes disabled.

An executor is a person you rely on and assign to make sure the last will’s directions are executed. One person could be your will’s executor and power of attorney proxy.

Is last will notarization necessary by North Dakota law?

North Dakota statute affirms that a last will can be valid without getting a notary public to certify it. Even so, you can make your last will self-proving by attaching an affidavit to it, and you will have to go to a notary if you wish to do that. Notarization lets avoid the need to sign a will by witnesses. Making your will self-proving could be a great choice because it speeds up the probate and grants another level of security if your will’s legitimacy is doubted.

IMPORTANT: Even though notarization is not required for last wills in North Dakota, it usually helps facilitate the probate.

When comparing an attested and holographic will, which is preferable?

For a holographic last will to be legally binding, you have to handwrite your entire document, put the date of writing, and sign it. Take into account that such a will is often created when there is no other choice and is substituted with a more detailed document made by using a fillable will template or legal representative. It is not encouraged to hold a holographic last will as the last version since it could include ambiguous or contradictory statements causing a major delay during the probate.

An attested last will is normally typewritten as it is commonly made by a legal professional or is based upon a last will form, like the one you can download here. To be viewed as valid, it has to be signed by the testator and two credible witnesses over the age of 18 in the testator’s presence, which can also be done in the presence of a notary public. However, the latter isn’t necessary for North Dakota.

Exactly what does it mean to be testamentary capable?

To be able to create your last will and change it (to be testamentary capable), you have to fulfill particular requirements with regards to your legal and mental abilities (sound mind) first.

In most states, to write a will, you have to be of sound mind and at least 18 years old. “Sound mind” signifies that there are no mental illnesses (dementia, senility, insanity, etc.) that prevent you from fully understanding the consequences of your doings.

Should I attach a self-proving affidavit to my will in North Dakota?

It’s not necessarily in North Dakota. Nonetheless, if you wish to add a self-proving affidavit, it will be quite useful as the document acts as a substitute for in-court testimony of witnesses in the course of probate.

Can you leave out your children or spouse from a last will and testament?

In North Dakota, there is no such concept as community or marital property. This requires that all possessions gained or increased in the marriage ought to be evenly shared between both marriage partners. North Dakota law permits you to exclude your marriage partner from your last will and testament, yet your spouse will be entitled to a set minimum number of your assets.” 2018 study shows that in the State of North Dakota, the divorce rate is 4.7 per 1,000 women over 15 years old. It was one of the lowest rates among the United States (the average US rate in the same period was 7.7).

With regard to the others, it’s legal in North Dakota to disinherit family members in your last will. Your adult children (of 18 years and above) or other relatives can be legally disinherited absolutely in your last will. In order to do that, add certain sections to the last will and testament.

Is it possible to amend my last will without my assent?

No, it is only you who is permitted to modify your last will and testament. Another person is only able to sign the will if you are physically unable to do it.

Can a signed, typewritten will be revised in North Dakota?

Yes, it’s possible to alter it.

As outlined by North Dakota law, you’re allowed to modify or cancel the will in case you aren’t obligated by a lawful contract that says otherwise.

In addition, it’s a good idea to improve your last will at the time you go through a major life event, including:

  • Birth or adoption of a child
  • You got divorced or married
  • You purchased or sold real estate or a significant piece of property.
  • Your financial position has changed greatly

What will be the consequences of having lost a last will and testament?

North Dakota law implies that a last will can be recognized if it is lost or damaged. However, only the original of the last will can be admitted by the probate court.

As indicated by North Dakota law, the will’s absence will be assumed as its annulment. That suggests that the executor should provide proof of the last will and testament’s legality, which may prove to be rather troublesome.

For holographic last wills, the process may get a lot more complicated because sworn witnesses and testimony are demanded. The reason behind not providing the will and its details has to be demonstrated as well.

How does a disadvantaged individual sign their last will and testament?

Based on the North Dakota Estate Code, it will be possible for an individual to sign their will providing it is your (as a testator) instruction and with you present. Voice communication, a positive response to an inquiry, or body gestures are the ways you can use to express that you prefer a particular individual to sign your will.

It is possible to have a notary public sign the name of a testator who is physically unable to do it in case the testator directs the notary public in the presence of a witness. It is important to mention that such witnesses can’t have an interest (equitable or legal) in any properties and assets that are the subject or can be affected by such a document (the last will).

Related documents Download Times when you might want to make one
Codicil DOCX, ODT, PDF You need to slightly modify your will without making a new document from scratch.
Self-proving affidavit DOCX, ODT, PDF You want to keep from possible difficulties in the probate court.
Living will DOCX, ODT, PDF You want to state your wishes about the end-of-life treatment and life-prolonging procedures.
Living trust DOCX, ODT, PDF You would like to avoid probate by placing your property in the possession of a trust.
Published: Sep 18, 2020