A North Dakota last will is a written legal document that states who receives your property when you die and names the executor who carries out those instructions. A common question people ask is: does a will need to be notarized in ND? The short answer is no, since North Dakota law also lets you validate a will with two witnesses instead of a notary.[1]
Check North Dakota’s witness and signing requirements below, learn when a handwritten (holographic) will counts, and fill out a free last will and testament template.
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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current North Dakota law. If you notice an error or outdated information, please contact us.
Under North Dakota law, a valid last will must be in writing, signed by the testator or someone signing in the testator’s name at the testator’s direction, and either witnessed by two people or notarized instead.[1] The specific requirements are:
| Requirements | State laws | |
| Definitions | Chapter 30.1-01 – Short Title – Construction – General Provisions – Definitions | |
| Statutes | Chapter 30.1-08 – Wills | |
| Signing requirement | Two witnesses, or notarized instead of witnessed | 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 | |
Tip: If you meet North Dakota’s signing and witness requirements above, you can complete a valid last will yourself with a free, fillable template. No attorney or courtroom visit required.
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 give their full legal name and place of residence. Most executors live in North Dakota, since many states place extra requirements on an out-of-state executor.
If your primary executor cannot serve due to illness, death, or unwillingness, the court will appoint its own representative instead. To avoid that, name an alternative executor and provide the same details you gave 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. Sign with your witnesses. North Dakota law requires at least two witnesses, each of whom must watch you sign the will or have you acknowledge the will and your signature to them afterward.[1] North Dakota does not disqualify a witness just because they are also named in the will, though using witnesses who are not beneficiaries can help avoid disputes later.
After you and your witnesses review each page, everyone signs and prints their full name and address on the document. Keep the completed will somewhere safe and tell your executor where to find it.
Other North Dakota Forms
No. North Dakota law does not require a last will to be notarized, since you can validly sign it in front of two witnesses instead.[1] North Dakota is also one of the few states that lets you skip witnesses altogether if you acknowledge the will before a notary public or another individual authorized to take acknowledgments.[1] Separately, you can make an already-witnessed will self-proving by attaching a notarized affidavit, which speeds up probate and adds a layer of protection if the will’s validity is ever questioned.
No, it’s optional in North Dakota. Adding one is still worthwhile, since the affidavit can replace live witness testimony in probate court, which speeds up the process.
North Dakota is not a community property state, so property is generally owned individually rather than split evenly between spouses. You can leave your spouse out of your will. North Dakota law may still give a surviving spouse a right to claim part of the estate regardless of what the will says, so talk to an attorney before disinheriting a spouse.
With regard to 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 in your last will.
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:
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.
North Dakota law allows someone else to sign the will in your name if you direct them and they sign it in your conscious presence.[1] You can give that direction by speaking, nodding, or another clear gesture that your witnesses can see. This lets a person who cannot physically sign, such as someone with a disability, still have a valid will.
A witness who helps in this way should not have a financial interest in the assets the will covers.
| Related documents | Times when you might want to make one |
| Codicil | You need to slightly modify your will without making a new document from scratch. |
| Self-proving affidavit | You want to keep from possible difficulties in the probate court. |
| Living will | You want to state your wishes about the end-of-life treatment and life-prolonging procedures. |
| Living trust | You would like to avoid probate by placing your property in the possession of a trust. |
FormsPal also provides free, fillable last will and testament templates for other states, built the same way as this North Dakota version. If your estate planning needs span more than one state, or you are helping a family member elsewhere, select the state you need below to download a template and get started right away.
This page is general information about North Dakota last wills, not legal advice. For advice on your situation, talk to a North Dakota attorney.
