How to Make Will in North Dakota

If you're a resident of North Dakota and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what North Dakota laws require for making a valid will, and what the process looks like.

Steps to Create a Will in North Dakota

Here's a quick checklist for making a will in North Dakota:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in North Dakota?

In North Dakota, if you die without a will, your property will be distributed according to state "intestacy" laws. North Dakota's intestacy law gives your property to your closest relatives, beginning with your spouse, children, and parents. The list of inheritors continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (N.D. Cent. Code §§ 30.1-04-02, 30.1-04-03, 30.1-04-05 (2025).)

Can I Make My Own Will in North Dakota?

Yes. You can make your own will in North Dakota, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in North Dakota

To make a will in North Dakota, you must be:

• an adult, and
• of sound mind.

(N.D. Cent. Code § 30.1-08-01 (2025).)

You generally must make your will in writing on actual paper. It can't be on audio or video. However, North Dakota allows electronic wills. (See "Can I Make a Digital or Electronic Will?" below.) (N.D. Cent. Code § 30.1-08-02 (2025).)

How to Sign and Execute My North Dakota Will

To finalize your will in North Dakota, you must sign it, and:

• two witnesses or a notary public must witness you sign or acknowledge your will, and
• if you use witnesses, they must sign your will within a reasonable time after your signing or acknowledgment.

(N.D. Cent. Code § 30.1-08-02 (2025).)

Although North Dakota allows interested parties who stand to inherit to serve as a witness, it's usually best for only disinterested witnesses to sign the will to avoid any argument that the testator was influenced. (N.D. Cent. Code § 30.1-08-05 (2025).)

North Dakota recognizes handwritten wills without witnesses (called "holographic wills"), but they are usually not a good idea. All material provisions and the signature must be in your handwriting to create a valid holographic will. (N.D. Cent. Code § 30.1-08-02 (2025).)

Do I Need to Have My Will Notarized in North Dakota?

No, you don't need to notarize your will to make it legal in North Dakota. However, if you don't want to have your will witnessed, you can have it notarized instead to make it legal. (N.D. Cent. Code § 30.1-08-02 (2025).)

Additionally, North Dakota allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses must sign an affidavit (sworn statement) in front of a notary public. The witnesses' statement says that they knew you were signing your will and that you appeared to be of sound mind and were signing voluntarily. (N.D. Cent. Code § 30.1-08-04 (2025).)

Can I Make a Digital or Electronic Will in North Dakota?

North Dakota is one of a handful of states that technically allows electronic wills (e-wills). The requirements for making a valid e-will can be elaborate, and the concept is still fairly new. As a result, e-wills are still not commonplace. (N.D. Cent. Code § 30.1-37-04 (2025).)

For more details on e-wills, see What Is an Electronic Will?

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In North Dakota, you can use your will to name a personal representative, who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in North Dakota?

In North Dakota, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of the will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of the will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old one or that has contradictory terms to the old one.

(N.D. Cent. Code § 30.1-08-07 (2025).)

If you have two wills and it's unclear whether you revoked the old will, North Dakota has rules that determine whether your new will revokes the old one or simply adds to it. If you intended to revoke the old will, the old will is revoked. North Dakota law presumes you intended to revoke your old will if the new will disposes of all of your estate. If you didn't dispose of your entire estate in your new will, North Dakota law presumes you only meant to add to your old will. In this situation, the personal representative should follow the instructions in both wills. If there's a contradictory term, the personal representative should follow the instructions of the new will for that particular term. (N.D. Cent. Code § 30.1-08-07 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), North Dakota law revokes any language in your will that leaves property to your spouse or spouse's relative or names your spouse or spouse's relative to be your personal representative. This rule doesn't apply if you happen to remarry your spouse or your will (or a court order or contract dividing the marital property) states that divorce won't affect your will. (N.D. Cent. Code § 30.1-10-04 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find North Dakota's laws about making wills here: North Dakota Century Code, Title 31 Uniform Probate Code, Chapter 30.1-08 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on North Dakota wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in North Dakota, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in North Dakota?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in North Dakota, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that North Dakota doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.