North Dakota Last Will & Testament Information
A North Dakota Last Will & Testament includes the following requirements:
The testator must be an adult.
They must also be of ‘sound mind’.
The Will must be signed by the testator or by someone else in their name (provided it is done under the testator’s direction and in their presence).
The signing of the Will requires at least two witnesses in order to make it valid. They must sign within a reasonable amount of time. A North Dakota will is also valid if acknowledged by the testator before a notary public or another authorized person by law to take acknowledgements.
Another requirement to make the Will valid is that it must be in written format.
A North Dakota resident may bequeath their assets to any beneficiaries.
Some property cannot be distributed according to a will document, such as:
- Property owned in conjunction with another with right of survivorship.
- Life insurance and retirement account money.
If a person dies without a will in North Dakota, the deceased’s surviving spouse inherits the estate unless there are children involved from other relationships. The deceased’s parents are also entitled to a portion of the estate if there is a surviving spouse or no children.
Click here if you have any questions about creating a last will in North Dakota.