Wills Lawyer in North Dakota — How to Make a Valid Will and Protect Your Family

Without a will, the state decides who inherits. This guide from a wills lawyer in North Dakota perspective explains how to make a valid will, what to include, and how to avoid common mistakes.

In North Dakota, a will must be in writing and signed, and then either signed by two witnesses or acknowledged before a notary. In addition, North Dakota gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Consequently, local rules shape every will.

Our attorneys draft wills, powers of attorney and healthcare directives for North Dakota residents, entirely online, at fixed prices.

Why you need a will in North Dakota

A will says who receives your property and who manages your estate. In addition, it lets parents nominate a guardian for minor children. Without one, North Dakota's intestacy laws decide who inherits.

Intestacy rules may not match your wishes. For example, unmarried partners and stepchildren usually receive nothing. Therefore, a will is essential for blended families. Our Last Will and Testament service drafts a will that meets North Dakota's requirements.

Signing requirements in North Dakota

In North Dakota, a will must be in writing and signed, and then either signed by two witnesses or acknowledged before a notary. Witnesses should be adults who do not inherit under the will. Disinterested witnesses avoid later challenges.

Many wills also include a self-proving affidavit, signed before a notary. It allows the court to accept the will without calling the witnesses later. Consequently, probate usually moves faster.

Small errors, big problems

A missing signature or witness can invalidate a will. Therefore, follow the signing steps exactly.

Handwritten and electronic wills in North Dakota

North Dakota recognizes handwritten (holographic) wills in some circumstances, generally when the signature and key terms are in the person's own handwriting. Even so, they often cause disputes, so a properly witnessed will is much safer.

North Dakota has a law allowing electronic wills that meet its requirements. Either way, store the original safely and tell your executor where it is.

Spouses and wills in North Dakota

North Dakota gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Consequently, spousal rights limit what a will can do.

Many couples choose mirror wills that leave everything to each other first. Our couples wills service drafts matching wills at a fixed price. In addition, a prenuptial or postnuptial agreement can change spousal rights.

Choosing an executor in North Dakota

The executor manages your estate after death. They collect assets, pay debts and distribute property. Consequently, choose someone organized, honest and willing to serve.

Name at least one backup executor. Furthermore, consider whether the person lives nearby, because some states add requirements for out-of-state executors. Read our guide to probate in North Dakota to see what the job involves.

Guardians for minor children

Parents of minor children should name a guardian in their will. Without a nomination, a judge decides who raises the children. Consequently, discuss the role with the person first.

You can also leave money to children through a trust. That way, a trusted person manages the money until the children are older. Otherwise, children may receive everything at 18.

Think about practical details too. For example, consider where the guardian lives, their age and their health. In addition, talk with them about schooling, religion and family contact. These conversations make a hard transition easier for your children.

What a will cannot do

Some assets pass outside a will. For example, life insurance, retirement accounts and payable-on-death bank accounts go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the co-owner.

Therefore, review your beneficiary designations along with your will. In addition, a transfer-on-death deed can pass real estate outside probate where North Dakota allows it.

Will or living trust in North Dakota?

A will must usually go through probate. By contrast, a living trust can avoid probate for assets placed in it. Trusts also keep details private.

Many people use both: a trust for major assets and a "pour-over" will for anything left out. Read our guide to living trusts in North Dakota to compare. A living trust consultation helps you decide.

Powers of attorney and healthcare directives

A will only works after death. However, you also need documents for incapacity. A durable power of attorney lets someone manage your finances if you cannot.

Similarly, an advance healthcare directive names someone to make medical decisions and records your wishes. Together, these documents keep your family out of guardianship court. Our complete estate plan bundle includes all of them.

Updating your will in North Dakota

Review your will after major life events. For example, marriage, divorce, children and moves can all change what you need. Moving states may also affect how your will works.

Small changes can be made with a codicil, which must be signed like a will. However, a new will is often cleaner. Never write changes on the original will, because that can cause disputes.

Common will mistakes in North Dakota

Several mistakes cause problems for families. First, people forget to name backup beneficiaries and executors. Next, they use vague language, such as "divide fairly," which invites disputes.

In addition, people forget digital assets and pets. Furthermore, some leave the original will where no one can find it. Finally, many never sign the will properly. Each of these mistakes is easy to avoid with professional drafting.

Digital assets and pets in a North Dakota will

Modern estates include digital assets. For example, online bank accounts, cryptocurrency, photos and social media accounts all need a plan. Consequently, give your executor clear authority over digital accounts.

Never put passwords in the will itself, because a probated will can become public. Instead, keep a secure list and tell your executor where to find it.

Pets need a plan too. You can name a caregiver and leave money for the pet's care. In addition, many states allow a pet trust, which makes sure the money is actually used for the animal.

Storing your will and telling your family in North Dakota

A will only helps if someone can find it. Therefore, keep the signed original in a safe, accessible place, such as a fireproof box at home. Some courts accept wills for safekeeping, so ask the local clerk.

Tell your executor where the original is. In addition, give trusted family members a copy or a note saying where to look. Courts usually require the original, so copies alone may not be enough.

Finally, review the storage location whenever you move. A lost will can mean the estate passes as if there were no will at all.

What a will costs in North Dakota

Will costs vary widely. Simple wills are often offered at a flat fee, while complex estates cost more. Consequently, flat fees suit most families.

Our will services are fixed-fee and prepared online. For a full overview of estate documents, read our estate planning package guide.

If you are unsure where to begin, list your assets, beneficiaries and preferred executor first. Then order your will, and we will guide you through signing it correctly.

Our Wills services in North Dakota

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in North Dakota. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Wills across North Dakota — cities we serve

We work with clients in every part of North Dakota, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow North Dakota law and your county's local practice. Choose your city below to see local details and prices.

• Fargo: Last Will and Testament in Fargo · Couples Wills (Mirror Wills) in Fargo · Complete Estate Plan Bundle in Fargo
• Bismarck: Last Will and Testament in Bismarck · Couples Wills (Mirror Wills) in Bismarck · Complete Estate Plan Bundle in Bismarck
• Grand Forks: Last Will and Testament in Grand Forks · Couples Wills (Mirror Wills) in Grand Forks · Complete Estate Plan Bundle in Grand Forks
• Minot: Last Will and Testament in Minot · Couples Wills (Mirror Wills) in Minot · Complete Estate Plan Bundle in Minot
• West Fargo: Last Will and Testament in West Fargo · Couples Wills (Mirror Wills) in West Fargo · Complete Estate Plan Bundle in West Fargo

More North Dakota services

Couples Wills (Mirror Wills) in North Dakota · Complete Estate Plan Bundle in North Dakota · Advance Healthcare Directive / Living Will in North Dakota · Durable Power of Attorney in North Dakota · Living trust consultation in North Dakota · Transfer-on-Death Deed in North Dakota. See all legal services in North Dakota.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Last Will and Testament in Minnesota, Last Will and Testament in South Dakota, Last Will and Testament in Montana. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.