North Dakota

Overview

Here you will find what is required by state when making a living will. You will also find whether or not this specific state accepts oral or written wills.

Some key terms to keep in mind:

Testator: One who makes or has made a will; one who dies leaving a will.
Holographic Will: A will and testament that has been entirely handwritten and signed by the testator.
Oral Will: An oral will (or "nuncupative" will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format.

State Requirements and Will Type Recognition

Code Section

30.1-08-01, et seq

Operative Facts

1. Must be of sound mind
2. Must be at least 18 years old
3. document must be signed by declarant
4. witnessed by 2 persons
5. substantially same form as §23-06.403 (may add specific directives)

Age of Testator

Any adult who is of sound mind

Number of Witnesses Required

Signed by at least two persons, each of whom signed within a reasonable time after witnessing either the signing of the will or the testators acknowledgment of signature or of will.

Oral Will Recognition

Not recognized

Holographic Will Recognition

Valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testators' handwriting.