How to make a will in North Dakota

North Dakota will requirements at a glance

How to sign a will in North Dakota

1. Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
2. Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
3. Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
4. Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (N.D.C.C. 30.1-08-04 (at execution or later; testator and witnesses before an officer authorized to administer oaths))
5. Store the original safely and tell your executor where it is. North Dakota also lets you deposit your will with the probate court for safekeeping.

Who can make a will

Anyone 18 or older and of sound mind.

Witness rules

Two individuals must each sign within a reasonable time after witnessing the testator sign or acknowledge the signature or the will. The statute does not require them to sign in the testator's presence or each other's. Alternatively, no witnesses are needed if the testator acknowledges the will before a notary (N.D.C.C. 30.1-08-02(1)(c)).

If a witness inherits: No effect: a will or any provision is not invalid because an interested witness signed it (N.D.C.C. 30.1-08-05(2)).

Notary instead of witnesses: North Dakota also lets you acknowledge your will before a notary instead of having it witnessed. Two witnesses are still the most widely accepted choice, especially if you might move.

Handwritten wills

Signature and material portions of the document in the testator's handwriting; witnesses not required (N.D.C.C. 30.1-08-02(2)).

Self-proving affidavit

North Dakota lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (N.D.C.C. 30.1-08-04 (at execution or later; testator and witnesses before an officer authorized to administer oaths))

Can I sign my will online in North Dakota?

Yes, electronic wills are allowed. An electronic will may be witnessed by two people or acknowledged before a notary, and can be made self-proving at execution (30.1-37-04, -06). North Dakota left out the uniform act's optional 'electronic presence' language, so remote witnessing is not expressly authorized. (N.D.C.C. ch. 30.1-37 (Uniform Electronic Wills Act; 2021 HB 1077))

In effect since 2021-08-01.

Online notarization: The RON statute lets a remotely located person satisfy personal-appearance rules and does not exclude wills. Read literally, it would allow a notarized-will acknowledgment by video, but no will-specific authority confirms this. (N.D.C.C. 44-06.1-13.1)

Good to know in North Dakota

North Dakota is one of the few states where a will is valid with only a notary's acknowledgment and no witnesses. Wills can be deposited, sealed, with a county recorder during life (N.D.C.C. 30.1-11-01).

Estate and inheritance taxes

North Dakota has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

North Dakota will questions

Does a will need to be notarized in North Dakota?

No. A North Dakota will is valid when two witnesses sign it, and North Dakota also lets you acknowledge your will before a notary instead of using witnesses.

Are handwritten wills legal in North Dakota?

Signature and material portions of the document in the testator's handwriting; witnesses not required (N.D.C.C. 30.1-08-02(2)).

Can a beneficiary witness a will in North Dakota?

No effect: a will or any provision is not invalid because an interested witness signed it (N.D.C.C. 30.1-08-05(2)).

Can I make a will online in North Dakota?

You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. North Dakota also allows electronic wills, though witnesses must be physically present.

Does North Dakota have an estate or inheritance tax?

North Dakota has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.

Last reviewed October 24, 2026 against North Dakota statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a North Dakota attorney.