Thinking about or planning for passing away is never fun. Planning for your passing and having a legal North Dakota last will and testament is critical. Every state has unique laws about wills. A last will and testament in North Dakota is no exception.
North Dakota Last Will and Testament Template
There are several requirements for a will to be valid in North Dakota.
The individual must be 18 years of age or a minor lawfully married and of sound mind. The will must be in writing.
The document must be written (this includes both typed or printed) and in hard copy (meaning it must be on actual paper.)
The person to whom the will applies must sign the will. Two witnesses sign the will as well. They attest to the validity of the document and the sound mind of the person executing the will.
You can change your will at any time via a codicil or the revocation of your initial will and the creation of a new one.
The cost of creating a will is up to you. There is no cost if you do it yourself. There are, however, several fees that apply if you end up in probate court. The fees include:
- Court filing costs
- Creditor notice fees
- Executor fees
- Probate bond
In addition, you should hire an attorney that specializes in probate law.
A last will and testament form in North Dakota does not need to be notarized for the will to be considered legal and valid, as long as you have witnesses. If you do not want witnesses, you can have the will notarized to make it legal.
A North Dakota last will and testament does not need to be notarized to be valid. It is, however, recommended that you have it notarized, whether you have witnesses present or not.
If you do, you can make your will “self-proving,” which saves time in the probate process because the court can accept the will as valid without verifying it with the witnesses.
It is legal to write your own will in North Dakota. There are several free last will and testament services in North Dakota and nationally that will have legal templates you can fill out.
If you use a will template in North Dakota that you found on the internet, you should verify with the state that it is valid.
Even if you decide to do your own will, it still makes sense to consult a lawyer if you think you may change the will or that someone may contest your will in court. There are specific laws for editing a will that an attorney will know that you will not.
North Dakota law recognizes handwritten wills, but hand-writing your will comes with certain risks. If you decide to handwrite your own will, you should get the document notarized and have two witnesses.