Dying Without a Will in North Dakota

North Dakota Estate Planning — Best Essential Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide covers North Dakota estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from North Dakota law, verified as of June 2026.

North Dakota Will Requirements at a Glance

Here are the exact rules for making a valid will in North Dakota:

Minimum age to make a will 18 (N.D.C.C. § 30.1-08-01 — any individual who is 18 years of age or older and of sound mind may make a will)
Witnesses required 2 (the will must be signed by the testator, or in the testator’s name by another individual in the testator’s conscious presence and at the testator’s direction, and attested by at least 2 individuals, each of whom signed within a reasonable time after witnessing either the testator’s signing or the testator’s acknowledgment of the signature or will — N.D.C.C. § 30.1-08-02; alternatively, the testator may acknowledge the will before a notary public or other authorized officer instead of using 2 witnesses)
Notarization required NO — notarization is not required to create a valid will in North Dakota; however, a will may be validly executed by acknowledgment before a notary public as an alternative to 2 witnesses under § 30.1-08-02; notarization is also required if the testator wants to add a self-proving affidavit under § 30.1-08-04
Handwritten (holographic) will allowed YES — a will that does not comply with standard execution requirements 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 (N.D.C.C. § 30.1-08-03); the holographic will should be dated in the testator’s handwriting, though North Dakota follows the Uniform Probate Code which focuses on signature and material provisions being handwritten
Self-proving affidavit available YES — under N.D.C.C. § 30.1-08-04, a will may be simultaneously executed, attested, and made self-proved by acknowledgment of the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths (typically a notary public), evidenced by the officer’s certificate under official seal attached to the will; a self-proved will may be admitted to probate without requiring witness testimony in court, streamlining the probate process
Statutory will form NO — North Dakota does not provide an official statutory fill-in-the-blank will form in its Century Code; the North Dakota Legal Self Help Center offers probate-related forms and research guides but does not provide a state-sanctioned will template; third-party forms are available but are not official court documents

What a North Dakota Will Does (and Doesn’t Do)

In North Dakota, a valid will may name a personal representative (executor) to manage your estate, name a guardian for minor children, direct how probate assets are distributed, create testamentary trusts, make specific bequests of personal property, and designate alternate beneficiaries if primary beneficiaries predecease the testator

What a North Dakota will does NOT control: A North Dakota will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (IRAs, 401(k)s) with named beneficiaries, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held in joint tenancy with right of survivorship, assets held in a living trust, and community property or property subject to a valid beneficiary designation

Oral wills in North Dakota: NO — North Dakota does not recognize oral (nuncupative) wills; all wills must be in writing to be valid for transferring real or personal property under North Dakota law

How to Update or Revoke a North Dakota Will

A North Dakota will may be amended by executing a codicil, which is a written supplement that modifies specific provisions while leaving the rest of the will intact — the codicil must be executed with the same formalities as a will (signed by the testator and attested by 2 witnesses or acknowledged before a notary);

a will may be revoked entirely by executing a subsequent will that expressly revokes the prior will or is inconsistent with it, or by performing a revocatory act on the will (burning, tearing, canceling, obliterating, or destroying it) with the intent to revoke, either by the testator or by another individual in the testator’s conscious presence and at the testator’s direction (N.D.C.C. § 30.1-08-07)

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Other North Dakota will-making rules: North Dakota has adopted the Uniform Probate Code (Title 30.1 of the North Dakota Century Code), which governs wills and estates. North Dakota also enacted the Uniform Electronic Wills Act (N.D.C.C.

Chapter 30.1-37, effective August 1, 2021), which recognizes electronic wills as valid — an electronic will must be readable as text at the time of signing, signed electronically by the testator, and either attested by at least 2 witnesses or acknowledged before a notary public.

North Dakota also provides for ante-mortem (before death) probate of wills under Chapter 30.1-08.1, allowing a testator to petition the court during their lifetime to validate their will, which may reduce the likelihood of post-death challenges.

Any person generally competent to be a witness may serve as a will witness; using an interested witness (one who benefits under the will) does not invalidate the will or the gift, though it may invite challenges based on undue influence.

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Understanding North Dakota Estate Planning

Getting started with North Dakota estate planning is the single best gift you can give your family. A valid North Dakota will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into North Dakota estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of North Dakota estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official North Dakota Sources & Resources

This North Dakota will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More North Dakota Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.