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How to Make a Will in North Dakota FAQ

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Do you have children from a previous relationship or a child with special needs?

There are special considerations to make if you have a blended family or a child with special needs. In these cases, it may be best to talk to an attorney.
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have a spouse with similar needs?

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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Understood! Last question…

Do you want to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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Good to know! How about this next one?

Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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All done! Based on your answers, we recommend:

Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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All done! Based on your answers, we recommend:

Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
Close

All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

How to Make a Will in North Dakota FAQ

Making a will is an essential first step in estate planning. A North Dakota will helps to protect your loved ones and your property after you die. You get a say in who manages your estate, who receives your assets, and who cares for your minor children. But how do you make a valid will in North Dakota? We have the answers to your frequently asked questions.

Table of Contents

Ready to make a will? FindLaw Legal Forms and Services has a solution for you.

What If I Die Without a Will in North Dakota?

If you die without a will, you die “intestate.” A North Dakota probate court follows state intestacy laws to distribute your estate. A decedent’s estate typically goes to their family members and next of kin. However, under intestate succession laws, there may be unintended consequences. For example, if you have a partner but are not married or have stepchildren you did not yet adopt, they may not receive any of your assets.

And if the state can’t locate your next of kin, North Dakota keeps your estate assets.

What Does a Will Do?

A North Dakota last will and testament allows you to control your estate. You leave instructions on property distribution and care for your family members. In your will, you can also do the following:

  • Name a personal representative or executor to handle your estate. They locate your will and assets, submit the will to the probate court, and follow the instructions in your will to distribute your estate
  • Identify and give away specific items of your personal property and real property (real estate)
  • Name loved ones and family members as beneficiaries to inherit the rest of your property
  • Name guardians for your young children, if necessary
  • Name caregivers for pets, if necessary
  • Make gifts to charitable organizations

Because you made these decisions in your will, you streamline the probate process, saving time and court fees.

What Doesn’t a Will Do?

Your will transfers many kinds of property, but not all your assets. For example, some assets transfer through beneficiary designations or according to the terms of their legal documents. These are known as non-probate assets and go to your named beneficiaries. Some non-probate assets may include:

  • Funds in payable-on-death or transfer-on-death bank and investment accounts
  • Proceeds from life insurance policies or annuities (to named beneficiaries)
  • Retirement accounts, pensions, 401(k)s, IRAs, and Keoghs
  • Property owned under joint tenancy with right of survivorship
  • Property owned by living trusts or irrevocable trusts

It is a good idea to name a beneficiary and a backup beneficiary in case your primary beneficiary dies before you. Any account or policy without a named beneficiary goes into your probate estate. Having named beneficiaries on all your non-probate accounts and assets keeps them out of probate.

Who Can Make a Will in North Dakota?

A person making a will is known as a “testator.” The state of North Dakota has a few requirements for who can qualify to make a will.

  • Age: A testator must be 18 years of age or older.
  • Sound Mind: A testator must have a sound mind meaning the testator knows what property they own, who their natural heirs are, and how they want to distribute their property.

The test of a sound mind is at the time the testator makes and signs their will. North Dakota residents with concerns about if they can make a will should consult with an estate planning attorney for legal advice.

Does North Dakota Have a Statutory Will?

No. North Dakota does not have a statutory will. You may make your own will or hire an attorney. Many people looking for self-help resources use FindLaw Legal Forms and Services to draft a will conforming to North Dakota law.

What Types of Wills Does North Dakota Accept?

Generally, most testators type or print their will and sign before witnesses. However, there are other ways to make a will that may or may not be acceptable in North Dakota.

  • Handwritten Will: A handwritten or holographic will is one entirely written and signed by the testator without witnesses. North Dakota only accepts holographic wills of this type if the signature and material portions of the document are in the testator’s handwriting.
  • Oral Will: An oral or spoken will, called a nuncupative will, is not valid in North Dakota. All wills must be in writing.
  • Electronic Will: An electronic will is a will written and stored electronically or signed, witnessed, or notarized through electronic means. North Dakota allows electronic wills.

The tried-and-true method for making a will is typing or printing your will and signing it in front of two witnesses and a notary. Preparing a will in this manner protects against challenges to your will regarding its validity.

Can I Make My Own Will in North Dakota?

Yes. You do not have to use an attorney to draft your will. If you have a simple estate, know what property you own and who you want to receive the property, then you are ready to make your will. A benefit of using an online will drafting service such as FindLaw Legal Forms and Services is that you can easily update it. For example, if there is a beneficiary’s death, birth of a child, or divorce, you can revoke your original will and create a new one without having to make an amendment or codicil.

How Do I Make My Will Valid in North Dakota?

To make sure your will is valid in North Dakota, you must comply with the state law. Your will should meet the following requirements:

  • Signature: The testator must sign their will or direct someone to sign for them in the testator’s conscious presence.
  • Witnesses: Two competent witnesses must sign the will in the testator’s presence. A competent witness is someone who can testify in court. Avoid using interested witnesses, which is a witness that benefits from your will. Although using interested witnesses in North Dakota does not invalidate your will or the gift to them, your will may face challenges based on undue influence.
  • Notary: North Dakota allows a notary public to attest to the testator’s signature on the will. If you use a notary, you do not need two witnesses.
  • Self-Proving Affidavit: You may consider a self-proving affidavit which is a statement you and your witnesses sign attesting that you signed the will properly. This signed and notarized affidavit makes a self-proved will, so your witnesses do not have to testify in court as to the will’s authenticity.

Can I Disinherit My Spouse in North Dakota?

No. Unless they waive their rights to your estate through a pre-marital agreement, you cannot disinherit your spouse. In North Dakota, a surviving spouse may claim an elective share of your estate. An elective share is part of a decedent’s estate that a spouse may claim if left out of the will. Your spouse may also occupy the homestead, receive a reasonable family allowance, and share in certain exempt personal property.

Can I Disinherit My Children in North Dakota?

Your children do not have a right to inherit from you. If you want to disinherit a child, you should state it expressly in your will with your reasons for doing so; otherwise, a court may determine that you left out your child’s name by mistake.

What Estate Planning Documents Should I Have in North Dakota?

While a will is helpful during probate proceedings after you die, there are other estate planning documents to help you and your family during your lifetime.

  • Power of Attorney. In a power of attorney document, you name someone you trust as your agent to handle your financial matters. They have a fiduciary duty to act in your best interest. You may do this for convenience if you travel frequently or only when you are incapacitated and can’t manage your finances. You decide what powers to grant and when the power of attorney begins and ends.
  • Health Care Directive. A health care directive or living will or allows you to specify what life-sustaining measures you want or don’t want when you have an end-stage illness or terminal condition. You may also name someone to receive your medical information and make healthcare decisions if you cannot.

Fortunately, making a valid will and creating other North Dakota estate planning documents is easy with online estate planning templates.

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Written by:

Catherine Hodder, Esq.

Senior Legal Writer

Reviewed by:

Jordan Walker, J.D.

Legal Writer