North Dakota Will Template: Requirements and How to Make It Legal

North Dakota does not provide an official will template. The Supreme Court's Legal Self Help Center publishes forms for probate administration — settling an estate after death — but explicitly states that it does not provide forms for writing a will. You must draft your own or use a commercially prepared template that complies with N.D.C.C. Title 30.1, Chapter 08.

Here is exactly what North Dakota law requires for a valid will, what makes it self-proving (so your family avoids unnecessary court delays), and the common mistakes that invalidate otherwise well-intentioned documents.

Legal Requirements for a Valid North Dakota Will

Under N.D.C.C. § 30.1-08-02, a will must meet all of the following:

The testator must be at least 18 years old and of sound mind. "Sound mind" means you understand what property you own, who your natural heirs are, and what the will does. Temporary conditions like medication or illness do not automatically invalidate a will if lucidity existed at the time of signing.

The will must be in writing and signed by the testator. Someone else may sign on the testator's behalf, but only if done in the testator's conscious presence and at their explicit direction.

The will must be either witnessed or notarized. North Dakota accepts two options:

• Two witnesses who each sign within a reasonable time after watching the testator sign (or after the testator acknowledges their signature). Witnesses do not need to read the will's contents.
• A notary public before whom the testator acknowledges the will. North Dakota is one of the few states that allows notarization alone as a substitute for witnesses.

This means a North Dakota will signed by the testator and acknowledged before a notary — with zero witnesses — is fully valid. Most states require witnesses regardless.

Making Your Will Self-Proving

A self-proving affidavit under N.D.C.C. § 30.1-08-03 is the single most valuable addition to any North Dakota will. Without it, the probate court must locate your witnesses after your death and obtain their testimony to confirm the will is genuine. If witnesses have moved, died, or cannot be found, this creates delays and legal costs.

With a self-proving affidavit, the court accepts the will without contacting witnesses at all. The affidavit is conclusive evidence of valid execution.

The affidavit requires the testator and both witnesses to sign a sworn statement before a notary public who affixes their official seal. It can be attached at the time the will is signed or added later.

The key language states that the testator declared the document to be their will, signed it voluntarily, and was of sound mind — and that each witness observed the signing and signed in the testator's presence.

Holographic (Handwritten) Wills

North Dakota recognizes holographic wills under N.D.C.C. § 30.1-08-02(2). A handwritten will is valid without witnesses or a notary if the signature and the material portions are in the testator's own handwriting.

The problem: holographic wills cannot easily be made self-proving. Without a notarized affidavit from witnesses, the probate court must locate someone who can verify the testator's handwriting. This often means hiring a handwriting expert or tracking down people who knew the deceased well enough to testify — turning what should be a straightforward informal probate into a contested, expensive process.

For this reason, a typed and witnessed will with a self-proving affidavit is almost always the better choice, even though North Dakota law technically allows the handwritten alternative.

Electronic Wills

North Dakota adopted the Uniform Electronic Wills Act under N.D.C.C. Chapter 30.1-37. An electronic will is valid if it is readable as text at the time of signing, signed electronically by the testator, and either witnessed by two people or acknowledged before a notary.

To facilitate probate, the law allows creating a "certified paper copy" — a printout of the electronic will accompanied by a sworn statement that it is a complete and accurate copy of the electronic record.

Common Mistakes That Invalidate a North Dakota Will

Only one witness. If you choose the witness route (instead of notarization alone), you need two. A will with one witness and no notary is invalid.

Witnesses who are also beneficiaries. While N.D.C.C. § 30.1-08-05 does not automatically invalidate a will witnessed by a beneficiary, it creates a presumption that the bequest to that witness was the result of undue influence. This invites challenges and potential reduction of that beneficiary's share.

No residuary clause. If the will disposes of specific assets but does not include a catch-all clause for "everything else," any remaining property passes under intestacy rules — potentially to people the testator never intended.

Failing to address mineral rights. In the Bakken region, severed mineral interests are separate real property. A will that says "I leave my house and land to my daughter" may not transfer mineral rights if they were severed from the surface estate. Mineral interests must be specifically identified or covered by a broad residuary clause.

No self-proving affidavit. Not technically a validity issue, but the most common cause of avoidable probate delays and costs in North Dakota.

Getting It Right

The North Dakota Basic Estate Planning Kit includes a will template formatted for North Dakota's specific requirements, with the self-proving affidavit language built in, a residuary clause, and sections addressing mineral rights and agricultural assets. It also covers the Transfer on Death Deed — which may be a better tool than a will for passing real property, since TODDs bypass probate entirely.

See more North Dakota guides →