North Dakota's Requirements for a Will
North Dakota's Requirements for a Will
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North Dakota's Requirements for a Will

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Summary of North Dakota's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) Yes
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing North Dakota's Will Requirements:

 

Who may make will

Any adult who is of sound mind may make a will.

North Dakota Statutes, 30.1-08-01

 

Execution - Witnessed wills - Holographic wills

1. Except as provided in subsection 2 and in sections 30.1-08-06 and 30.1-08-13, a will must be:

a.  In writing.

b.  Signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction.

c.  Signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in subdivision b or the testator's acknowledgment of that signature or acknowledgment of the
will.

2. A will that does not comply with subsection 1 is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting.

3. Intent that the document constitute the testator's will can be established by extrinsic evidence, including, for holographic wills, portions of the document that are not in the testator's handwriting.

North Dakota Statutes, 30.1-08-02

 

Self-proved will

1. A will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which execution occurs and evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form:

 

THE STATE OF __________________
COUNTY OF ____________________

I, ______________________, the testator, sign my name to this instrument this __________ day of ______, _____, and being first sworn, declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
______________________________
Testator


We, _________________, __________________, the witnesses, sign our names to this instrument, and being first sworn, declare to the undersigned authority that the testator signs and executes this instrument as the testator's will and that the testator signs it willingly or willingly directs another to sign for the testator, and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

______________________________
Witness

______________________________
Witness


Subscribed, sworn to, and acknowledged before me by __________, the testator, and subscribed and sworn to before me by _________, and _________, witness, this ________ day of ________________.

(SEAL) (Signed)________________________________


___________________________________________
(Official capacity of officer)

 

2. An attested will may at any time after its execution be made self-proved, by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in which the acknowledgment occurs and evidenced by the officer's certificate, under the official seal, attached or annexed to the will in substantially the following form:

 

THE STATE OF ________________

COUNTY OF ___________________

We, ___________, ___________, and ___________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority
that the testator signed and executed the instrument as the testator's will and that the testator had signed willingly or willingly directed another to sign for the testator, and that the testator executed it as the testator's free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of our knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.

______________________________
Testator

______________________________
Witness

______________________________
Witness

 

Subscribed, sworn to and acknowledged before me by _______________, the testator, and subscribed and sworn to before me by ___________ and ___________, witnesses, this __________ day of _________, ______.

(SEAL) (Signed)________________________________


___________________________________________
(Official capacity of officer)


3. A signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove the will's due execution.

North Dakota Statutes, 30.1-08-04

 

Who may witness

1. Any person generally competent to be a witness may act as a witness to a will.
2. A will or any provision thereof is not invalid because the will is signed by an interested witness.

North Dakota Statutes, 30.1-08-05

 

Choice of law as to execution

A written will is valid if executed in compliance with section 30.1-08-02 or if its execution complies with the law at the time of execution of the place where the will is executed, or of the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode, or is a national.

North Dakota Statutes, 30.1-08-06

 

[Reference - North Dakota Requirements to Make a Will]

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