How to Make a Will in North Dakota (2026 Guide)

A will made in North Dakota must be signed by you and by 2 witnesses to be valid. Yes (N.D. Cent. Code § 30.1-08-04). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free North Dakota will covers, generated from the same rules.

Make my free North Dakota will

North Dakota will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	Yes
Electronic wills recognized	Yes
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	N.D. Cent. Code § 30.1-08-02
Financial POA statute	N.D. Cent. Code ch. 30.1-30 (North Dakota Uniform Power of Attorney Act, 2021)
Healthcare directive statute	N.D. Cent. Code ch. 23-06.5 (health care directives); optional form at § 23-06.5-17

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (N.D. Cent. Code § 30.1-08-02(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.D. Cent. Code § 30.1-08-05); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Do you need a notary in North Dakota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (N.D. Cent. Code § 30.1-08-04). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in North Dakota

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (N.D. Cent. Code § 30.1-08-02(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.D. Cent. Code § 30.1-08-05); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (N.D. Cent. Code § 30.1-08-04). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. North Dakota allows a testator (or the testator's agent) to deposit a will with the district court for safekeeping during the testator's lifetime; it is kept confidential and released only to the testator or, after death, to the named personal representative (N.D. Cent. Code § 30.1-08-15). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage to 100% after fifteen years — effectively a share of up to 50% (N.D. Cent. Code § 30.1-05-01 et seq.), plus the homestead allowance, exempt property and family allowance (N.D. Cent. Code §§ 30.1-07-01 to 30.1-07-03).

Homestead

No special restriction on devising a homestead by will. The surviving spouse is entitled to a homestead allowance (N.D. Cent. Code § 30.1-07-01) and may continue to occupy the homestead (N.D. Cent. Code § 47-18-01 et seq.), which is exempt from most creditors.

If you die without a will in North Dakota

If you die without a will in North Dakota, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (N.D. Cent. Code §§ 30.1-04-02, 30.1-04-03). With no spouse, everything passes to descendants, then parents, then siblings and their descendants. More on intestacy.

Other estate-planning documents in North Dakota

• Durable financial power of attorney: N.D. Cent. Code ch. 30.1-30 (North Dakota Uniform Power of Attorney Act, 2021). The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (N.D. Cent. Code § 30.1-30-05). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the county recorder before using it for real estate.
• Advance healthcare directive: N.D. Cent. Code ch. 23-06.5 (health care directives); optional form at § 23-06.5-17. A health care directive must be dated and signed by the principal and either signed by two adult witnesses or acknowledged before a notary public (N.D. Cent. Code § 23-06.5-05). A witness may not be the agent, related to the principal by blood, marriage or adoption, entitled to any part of the estate, a claimant against the estate, the attending physician, or a person financially responsible for the principal's care; only one witness may be a health care provider or its employee (N.D. Cent. Code § 23-06.5-05). The statutory form is optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (N.D. Cent. Code § 30.1-08-13).

North Dakota notes

• North Dakota permits a will to be acknowledged before a notary in place of two witnesses (N.D. Cent. Code § 30.1-08-02(1)(c)(2)); this service still uses two witnesses plus a notarized self-proving affidavit, which is the most portable approach.
• North Dakota recognizes electronic wills under its Uniform Electronic Wills Act; this service produces a paper will to be signed with pen and ink.
• North Dakota recognizes holographic wills whose signature and material portions are in the testator's handwriting (N.D. Cent. Code § 30.1-08-02(2)).

Frequently asked questions

How many witnesses does a will need in North Dakota?

North Dakota requires 2 witnesses (N.D. Cent. Code § 30.1-08-02). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, or acknowledged by the testator before a notary public (N.D. Cent. Code § 30.1-08-02(1)). This service uses two witnesses and recommends the notarized self-proving affidavit as well. Any person generally competent to be a witness may act, and a will is not invalid because it is signed by an interested witness (N.D. Cent. Code § 30.1-08-05); use adults who take nothing under the will anyway. Witnesses need not sign in each other's presence; signing together in one sitting is the safest practice.

Does a will need to be notarized in North Dakota?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does North Dakota have a self-proving affidavit?

Yes (N.D. Cent. Code § 30.1-08-04). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in North Dakota?

Yes, North Dakota recognizes holographic wills under certain conditions, but a typed, witnessed will is far safer and is what this service produces.

Can I disinherit my spouse in North Dakota?

A surviving spouse cannot be completely disinherited. The spouse may elect to take one-half of the marital-property portion of the augmented estate, where the marital-property portion rises with the length of the marriage to 100% after fifteen years — effectively a share of up to 50% (N.D. Cent. Code § 30.1-05-01 et seq.), plus the homestead allowance, exempt property and family allowance (N.D. Cent. Code §§ 30.1-07-01 to 30.1-07-03).

What happens if I die without a will in North Dakota?

If you die without a will in North Dakota, your spouse takes everything if you leave no descendants and no parents, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you leave parents but no descendants, the spouse takes the first $300,000 plus three-quarters of the balance. If your spouse has descendants who are not yours, the spouse takes the first $225,000 plus half; if you have descendants who are not your spouse's, the spouse takes the first $150,000 plus half (N.D. Cent. Code §§ 30.1-04-02, 30.1-04-03). With no spouse, everything passes to descendants, then parents, then siblings and their descendants.

Is a no-contest clause enforceable in North Dakota?

A provision penalizing an interested person for contesting the will is unenforceable if probable cause exists for instituting the proceeding (N.D. Cent. Code §§ 30.1-08-17, 30.1-20-05).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.