Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
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Wills and estate planning
What a will does, how to write one, and what your state requires for it to count.
North Dakota is one of the rare states where acknowledging your will before a notary can take the place of the two witnesses.
A North Dakota will must be in writing and signed by the testator, or in the testator's name by another individual in their conscious presence and at their direction. It must then be either signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment of it, or acknowledged by the testator before a notary public or other individual authorized to take acknowledgments. Two witnesses remains the safer route if the will might be probated in another state.
N.D.C.C. § 30.1-08-02
Not required, but unusually useful here. In most states a notary does nothing for a will's validity. In North Dakota, acknowledging the will before a notary satisfies the execution requirement in place of the two witnesses. You need one route or the other, not both.
N.D.C.C. § 30.1-08-02
N.D.C.C. § 30.1-08-02 (Execution -- witnessed wills -- holographic wills). In writing, signed by the testator, and signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment.
Links last checked 2026-08-25.
We could not read this statute at its official source, so the summary above is provisional. Confirm it before relying on it.
This is general information about the law, not legal advice, and it has not been reviewed by an attorney licensed in North Dakota. Requirements change. Confirm the current rules for your state before you sign.
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