State requirements
Making a will in North Dakota
North Dakota requires 2 adult witnesses, recognizes handwritten (holographic) wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Recognized
Self-proving affidavit
Available
Overview
North Dakota adopted the Uniform Probate Code (UPC). North Dakota recognizes holographic wills. North Dakota is NOT a community property state but has elective share protections.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | NDCC § 30.1-08-01 | 18+ and of sound mind |
| Execution Requirements | NDCC § 30.1-08-02 | Written, signed, 2 witnesses |
| Holographic Wills | NDCC § 30.1-08-02 | Material portions handwritten |
| Self-Proving | NDCC § 30.1-08-04 | Available with affidavit |
| Elective Share | NDCC § 30.1-05-02 | Based on marriage length |
Execution Requirements
NORTH DAKOTA WILL REQUIREMENTS (UPC):
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more witnesses within reasonable time
HOLOGRAPHIC WILLS:
✓ Material portions in testator's handwriting
✓ Signed by testator
✓ NO witnesses required
Elective Share
NORTH DAKOTA ELECTIVE SHARE (UPC):
- Based on length of marriage
- Up to 50% of augmented estate for 15+ year marriages
- Includes probate and non-probate transfers
Checklist for North Dakota Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] OR: Holographic will with material portions handwritten
North Dakota will questions, answered
Can I make a will online in North Dakota?
Yes. North Dakota does not require a lawyer to draft a will. A will created online is valid in North Dakota when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in North Dakota?
North Dakota requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does North Dakota require a will to be notarized?
No. Witnesses make a will valid in North Dakota, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in North Dakota?
Yes, North Dakota recognizes holographic wills under specific conditions. They are riskier than witnessed wills — harder to probate and easier to contest — so a witnessed will remains the safer choice.
What makes a will legally valid in North Dakota?
A valid North Dakota will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses.
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Start my will — $29This page is general information about North Dakota law, not legal advice. Statutes change — verify current requirements or consult a licensed North Dakota attorney for complex situations.