Free North Dakota Last Will and Testament
Build a complete North Dakota will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and North Dakota's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete North Dakota will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — North Dakota notes
North Dakota lets you either have 2 witnesses OR acknowledge the Will before a notary. Witnesses are still the safest choice.
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in North Dakota: Type the will and sign it (or direct another to sign in your conscious presence). North Dakota then gives TWO paths to validity: (a) have two witnesses sign within a reasonable time after watching you sign or acknowledge the will, OR (b) acknowledge the will before a notary public — notarization is a full ALTERNATIVE to witnesses (UPC path, like Colorado). Interested witnesses do not lose their gifts. To self-prove a witnessed will, you and both witnesses sign the notarized affidavit in 30.1-08-04. North Dakota also recognizes holographic wills.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, North Dakota, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. North Dakota law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of North Dakota.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], North Dakota.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (N.D.C.C. § 30.1-08-04) — sign this part before a notary to make probate easier:
STATE OF ________ COUNTY OF ________
I, [TESTATOR NAME], the testator, sign my name to this instrument this [DAY] day of [MONTH], [YEAR], and being first sworn, declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
_______________________ Testator
We, [WITNESS 1], [WITNESS 2], the witnesses, sign our names to this instrument, and being first sworn, declare to the undersigned authority that the testator signs and executes this instrument as the testator's will and that the testator signs it willingly or willingly directs another to sign for the testator, and that each of us, in the presence and hearing of the testator, signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
_______________________ Witness
_______________________ Witness
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the testator, and subscribed and sworn to before me by [WITNESS 1] and [WITNESS 2], witnesses, this [DAY] day of [MONTH], [YEAR].
(SEAL) (Signed) _______________________
_______________________ (Official capacity of officer)
How to Sign Your Will in North Dakota
Type the will and sign it (or direct another to sign in your conscious presence). North Dakota then gives TWO paths to validity: (a) have two witnesses sign within a reasonable time after watching you sign or acknowledge the will, OR (b) acknowledge the will before a notary public — notarization is a full ALTERNATIVE to witnesses (UPC path, like Colorado). Interested witnesses do not lose their gifts. To self-prove a witnessed will, you and both witnesses sign the notarized affidavit in 30.1-08-04. North Dakota also recognizes holographic wills.
North Dakota requires 2 witnesses: Signed by the testator (or in the testator's name by another in the testator's conscious presence and at the testator's direction) AND EITHER (1) signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or of the will, OR (2) acknowledged by the testator before a notary public or other officer authorized to take acknowledgments (N.D.C.C. 30.1-08-02). Interested witnesses do not void their gifts (N.D.C.C. 30.1-08-05).. North Dakota also lets you acknowledge the will before a notary instead of using witnesses, though witnesses are the safest choice.
Choose witnesses who are adults and who do not inherit under your will. A beneficiary should never witness your will. Then sign the self-proving affidavit (N.D.C.C. § 30.1-08-04) in front of a notary. That sworn statement lets the court accept your will without tracking down your witnesses later, which speeds up probate.
Can You Use a Handwritten (Holographic) Will in North Dakota?
A will is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator's handwriting (N.D.C.C. 30.1-08-02(2)). Even so, a typed will signed in front of witnesses is far less likely to be challenged, because handwritten wills are easy to get wrong (unclear gifts, no date, no witnesses) and invite disputes.
Spousal and Family Protections in North Dakota
Can you disinherit your spouse? You cannot fully disinherit a spouse. North Dakota's elective share is a FLAT fifty percent (50%) of the augmented estate (ND did NOT adopt the marriage-length sliding scale). A supplemental elective-share floor of $75,000 applies if the spouse's share would otherwise fall below that. Election must be filed within 9 months after death or 6 months after probate of the will, whichever is later.
Children born after your will: An after-born or after-adopted child omitted from the will takes an intestate-type share unless the omission appears intentional from the will, the testator provided for the child outside the will, or the testator left substantially all the estate to the other parent of the child. N.D.C.C. 30.1-06-02 (UPC 2-302). This is why the generator has you name your children and states that any omission is intentional.
If a beneficiary dies before you: If a devisee who is a grandparent, a descendant of a grandparent, or a stepchild of the testator predeceases leaving surviving descendants, the gift passes to those descendants by representation, unless the will provides otherwise. N.D.C.C. 30.1-09.1-05 (UPC 2-603). The generator's "per stirpes" option and survivorship clause work alongside this rule.
Survivorship, No-Contest, and Digital Assets
Survivorship: 120-hour survival rule adopted (UPC 2-702 / Uniform Simultaneous Death Act). A beneficiary who does not survive the testator by 120 hours is treated as having predeceased, unless the governing instrument provides otherwise. N.D.C.C. 30.1-09.1-04 / 30.1-09.1-02. The generator builds in a 30-to-60-day survivorship period regardless.
No-contest clauses: A penalty/no-contest clause is unenforceable if probable cause exists for instituting the proceeding (UPC 3-905). Otherwise enforced.
Digital assets: North Dakota has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, so your executor can manage your online accounts and digital property — the generator includes a clause granting that authority.
Personal-property list: North Dakota lets you leave a separate signed list (a "memorandum") giving away specific personal items, so you can update who gets what without rewriting your will.
What Happens If You Die Without a Will in North Dakota?
North Dakota follows the modern Uniform Probate Code. A surviving spouse inherits everything if the couple had no children or only shared children (and the spouse has no other children). The spouse's share drops to a first-dollar amount plus a fraction of the balance when the decedent left a parent ($300,000 + 3/4) or stepchildren ($150,000 + 1/2), with the rest going to those relatives.
- Spouse, no children: Entire estate. If no descendant and no parent of the decedent survives, the surviving spouse takes the whole intestate estate (30.1-04-02(1)).
- Spouse and shared children: Entire estate to the spouse if all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants (30.1-04-02(1)(b)). If the spouse has other descendants of their own, the spouse takes the first $225,000 plus one-half of the balance (30.1-04-02(3)).
- Spouse and a child from another relationship: If one or more of the decedent's surviving descendants are NOT descendants of the surviving spouse, the spouse takes the first $150,000 plus one-half of the balance; the descendants split the rest by representation (30.1-04-02(4)).
- Children, no spouse: If no spouse, the entire estate passes to the decedent's descendants by representation (30.1-04-03(1)).
- No spouse or children: Parents equally (or surviving parent); then descendants of parents (siblings/their issue) by representation; then split between paternal and maternal grandparents and their descendants; then to descendants of a deceased spouse; ultimately escheat to the state (30.1-04-03).
Unmarried partners, friends, and stepchildren you have not adopted generally receive nothing under intestacy. A will is how you override these defaults. Source: N.D. Cent. Code §§ 30.1-04-02 to 30.1-04-03.
Updating, Revoking, and Storing Your Will
Review your will after any big life change — marriage, divorce, a birth, a death, or a move to a new state. To change it, either sign a new will that revokes the old one (the cleanest option, and what this generator produces) or add a witnessed "codicil." Do not cross things out on a signed will — handwritten edits can invalidate it. Store the signed original somewhere safe and tell your executor where it is; a will that cannot be found is presumed revoked.
Common mistakes to avoid: using a beneficiary as a witness; forgetting a residuary clause (so part of the estate passes by intestacy); leaving a young child a lump sum outright at 18 instead of in trust; not naming a backup executor or guardian; and never actually signing the document. The generator above is built to avoid each of these.
Frequently Asked Questions
Is a will made online valid in North Dakota?
Yes, if you sign it correctly. North Dakota requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my North Dakota will need to be notarized?
No. North Dakota does not require your will to be notarized to be valid. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a North Dakota will need?
2 witnesses. Signed by the testator (or in the testator's name by another in the testator's conscious presence and at the testator's direction) AND EITHER (1) signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the signature or of the will, OR (2) acknowledged by the testator before a notary public or other officer authorized to take acknowledgments (N.D.C.C. 30.1-08-02). Interested witnesses do not void their gifts (N.D.C.C. 30.1-08-05). They should be adults who do not inherit under the will.
Can I leave my spouse out of my North Dakota will?
You cannot fully disinherit a spouse. North Dakota's elective share is a FLAT fifty percent (50%) of the augmented estate (ND did NOT adopt the marriage-length sliding scale). A supplemental elective-share floor of $75,000 applies if the spouse's share would otherwise fall below that. Election must be filed within 9 months after death or 6 months after probate of the will, whichever is later.
What happens if I die without a will in North Dakota?
North Dakota follows the modern Uniform Probate Code. A surviving spouse inherits everything if the couple had no children or only shared children (and the spouse has no other children). The spouse's share drops to a first-dollar amount plus a fraction of the balance when the decedent left a parent ($300,000 + 3/4) or stepchildren ($150,000 + 1/2), with the rest going to those relatives.
Does a North Dakota will avoid probate?
No. A will still goes through probate — it directs how your estate is distributed and names your executor, but the court still supervises (often a simplified, independent administration). To avoid probate entirely, people use living trusts and beneficiary designations in addition to a will.
How old do I have to be to make a will in North Dakota?
Generally 18. Any adult who is of sound mind may make a will (N.D.C.C. 30.1-08-01). 'Adult' = 18 or older. You must also be of sound mind.
Can I write my will by hand in North Dakota?
North Dakota recognizes handwritten (holographic) wills, but they are easy to get wrong and easy to challenge. A typed, witnessed will is much safer.
Do I need a lawyer to make a will in North Dakota?
Not for a straightforward estate — a properly signed will is valid whether or not a lawyer drafts it. See an attorney if you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the North Dakota requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a North Dakota estate-planning attorney. RecordingLaw.com is not a law firm.
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