North Dakota State Form

North Dakota Last Will and Testament

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North Dakota Legal Requirements

Key ND statutes and obligations that apply to your last will and testament.

Requirements

  • Governed by the North Dakota Uniform Probate Code (NDCC Ch. 30.1-08); must be signed by the testator and witnessed by two individuals
  • Both witnesses must be present at the same time and sign the will in the testator's presence
  • Holographic wills (entirely in the testator's handwriting and signed) are valid in North Dakota without witnesses

Restrictions & Limits

  • Witnesses should not be named beneficiaries to avoid interested-witness complications
  • Pretermitted children (born after will execution) receive an intestate share unless the will expressly disinherits them
  • North Dakota has no state estate or inheritance tax — assets pass free of state death taxes

Official Statute References

Primary North Dakota statutes governing this document type.

North Dakota Last Will and Testament FAQ

Common questions about last will and testaments under North Dakota law.

Does North Dakota have an estate tax?

No. North Dakota does not impose a state estate tax or inheritance tax. Only the federal estate tax (applicable to estates over $13.61 million in 2024) applies. This makes estate planning relatively straightforward compared to states with lower exemption thresholds.

Are holographic wills valid in North Dakota?

Yes. A holographic will entirely in the testator's handwriting and signed by the testator is valid in North Dakota without witnesses. However, a formally witnessed will is generally more reliable and easier to admit to probate.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.