How to Make a Will in North Dakota

Making a last will and testament in North Dakota ensures your property is handled according to your wishes after your demise. A will enable you to distribute your property to your loved ones after your demise, giving you complete control. In North Dakota, in cases where a testator dies without a will, the state’s intestacy laws are used to manage the estate. Wills in North Dakota must meet specific legal requirements to be valid. Below, we discuss how to create a will in North Dakota.

What are the Steps to Create a Will in North Dakota?

According to North Dakota laws, a valid last will and testament must meet specific requirements. Below are the steps to creating a will in North Dakota:

1.     Identify your assets

List all assets such as real estate properties, bank accounts, businesses, and jewelry. Make sure you include the locations of your assets. This process ensures that you do not leave out any assets you own and that the executor will easily locate the assets after you are gone.

2.     Appoint an executor

Choose someone you trust who can and is willing to be your executor. The executor will manage your estate after your demise. This step ensures that you can task someone responsible and of your choice to manage your property.

3.     Appoint a guardian for your minor children

Choose someone who is able and willing to care for your minor children after you are gone. The guardian should be someone you trust and is responsible enough to look after your children.

4.     Draft the will

Ensure that your will is in a written format. You can write the will yourself or get professional help drafting it. 

5.     Sign the will

Signing a will is an essential step in the will-writing process. Ensure to sign a will in the presence of two sound-minded adults, who should sign the will. This step proves that you wrote the will of your own free will.

What Happens if I Don’t Have a Will?

When an individual passes away without a will in North Dakota, the North Dakota laws of descent and distribution are used to distribute their assets. The court prioritizes your spouse, children, and relatives, which might conflict with what you would have wanted. The court then appoints an executor who will be in charge of managing your estate. Where minors are involved, the court appoints a guardian who will be given authority over your children. When intestacy laws are used, individuals have no control over what they own. Using a last will and testament form in North Dakota to make a legally binding will can help prevent this. 

What are the Requirements for Writing a Last Will and Testament in North Dakota?

For a will to be rendered valid in North Dakota, they must meet the requirements below:

1.     Legal age

You must be 18 to write a will in North Dakota. This requirement ensures that you are old enough to understand legal matters and what you are doing.

2.     Written document

Your will must be presented in a written format. North Dakota only acknowledges handwritten wills if they satisfy the requirements. Therefore, you must ensure that your will is in a typed written document to make it valid.

3.     Sound Mind

You must be of sound mind when making North Dakota wills. A sound mind ensures that you understand what is happening and that your decisions are yours without the influence of others.

4.     Witnesses

Two sound-minded adults must witness you sign the will. They must then sign the will to confirm it was made willingly. This helps to prevent fraud.

5.     Signature

You must sign your will for it to be legally binding. In cases where you cannot sign your will, someone of your choice can sign it for you. Individuals with critical health conditions can fill in the power of attorney form in North Dakota and choose someone who can help them with the later signing of legal papers such as a will.

How Often Should You Review and Update Your North Dakota Will?

North Dakota laws require you to review and update your last will and testament every 3 to 5 years or when significant changes such as marriage, having a child, or a divorce occur. This action ensures that your will reflects your current life status and thus prevents North Dakota will disputes. Individuals who undergo a name change in North Dakota should ensure this change is captured in the current wills. You can choose to update your will yourself or get help from professionals. LegalPen offers will writing services for individuals in North Dakota at an average price of $250.

How to Revise and Update Your Will in North Dakota

Revising and updating your will ensures that it reflects your current life. You can update your will by adding a codicil or creating a new one when significant changes occur. You should then ensure that the will is valid by signing it and having it witnessed by two individuals who have signed it. You then need to store your will safely. 

What Makes a Will Valid in North Dakota?

Making a will valid under the North Dakota inheritance laws requires you to meet the requirements below:

1. You must be 18 years old and of sound mind.
2. The will must be in writing.
3. You must sign the will and have it witnessed by two witnesses who sign it too.

Can a Handwritten Will be Valid in North Dakota?

A handwritten will can be valid if it meets all the North Dakota law requirements. This means you must sign the will and have two witnesses sign it. Even when using do-it-yourself wills, ensure that they meet the requirements before filing them so that they can be legally binding. It is important to note that a handwritten will differs from a living will and serves different purposes.

How Do I Sign My North Dakota Will?

Signing your will is one requirement for making a will valid. After ensuring that the will has covered all your wishes, proceed to sign the will in front of two witnesses who preferably are not beneficiaries of the will to avoid conflict of interest. The witnesses should then sign the will to ascertain that they have witnessed you signing it. 

What Can I Include in an Online Will in North Dakota?

It is essential to know what to include in an online will. Below are some of the items you can include in your online will:

1. Include your personal information, such as name and address
2. Name an executor who will carry out your wish and manage your estate when you are gone
3. Include your chosen beneficiaries and what property or asset they will inherit from you.
4. Choose a guardian for your minor children to ensure they are well cared for after your demise.
5. Discuss your debts and liabilities and how they will be handled to ensure that the executor manages the debts as per your wishes.

Types of Assets Covered in a North Dakota Will

A North Dakota last will and testament lets you specify the assets you would like to pass on to your beneficiaries and who amongst them should get what. For you to do that, you must outline all your assets in the will. Below are the assets that you can include in a North Dakota will:

1. Bank accounts. Include all your different bank accounts, including the savings and checking accounts.
2. Personal property. These include items like vehicles, furniture, and jewelry.
3. Investments. These include your stocks, bonds, and business stakes.
4. Real estate. These include houses, land, or any other property that belongs to you.
5. Digital assets. Include all the digital assets you own. These digital assets include social media accounts, Cryptocurrencies, and digital files.

Can I Revoke or Change My Will In North Dakota?

Yes, you can revoke or change your last will and testament in North Dakota. North Dakota laws allow individuals to revoke their previous wills and make new ones as long as they clearly state that they have revoked the previous one. You should ensure the new will meets all the North Dakota will requirements. 

How Do You Revoke or Change Your Will in North Dakota?

You can revoke or change your North Dakota last will and testament by making a new one or adding a codicil that changes the aspects of the will you wish to change. You should remember how often you should update your will to reflect your current life. 

Can I Make a Digital or Electronic Will in North Dakota?

No, you cannot make a digital or electronic will in North Dakota. For a will to be recognized in North Dakota, it must fulfill all the will requirements, including having two witnesses, having the will in writing, and being signed. 

Who Can Witness a Will in North Dakota?

The North Dakota Century Code dictates who can witness a will in North Dakota. Any sound mind adult can witness a will in North Dakota. However, choosing a witness who is not a beneficiary of the will is better as it will ensure they will not have a conflict of interest.

Should My Will Name an Executor?

Yes, you should name your executor in your last will and testament in North Dakota. The executor will be in charge of managing your estate once you are gone. The executor is officially acknowledged in the North Dakota probate court and then given the mandate to act upon your wishes as the will dictates.

What are the North Dakota Will Executor Requirements?

For an individual to qualify as an executor, they must meet all the North Dakota will requirements below:

1.     Legal Age

They must be 18 or older to qualify as an executor in North Dakota. This requirement ensures that the individual understands the legal matters and can manage the estate properly.

2.     No Felony Convictions

They mustn’t have a felony record, which helps ensure their trustworthiness. This requirement gives the testator peace of mind, knowing that a responsible person will manage their estate.

3.     Sound Mind

The executors must be mentally stable to make good estate decisions. This is an essential requirement that must be met.

4.     Residency

While it’s not required by law, having a local executor can make things smoother, especially for court-related tasks, as they might better understand how the courts work and will present for the court procedures.

What Happens to a Will After Death in North Dakota?

North Dakota wills are taken to probate court after the testator’s death. The court officially names the executor and ensures the will is valid. The executor pays off debts and liabilities and distributes the remaining assets to the will’s beneficiaries.

What is the Impact of Marriage and Divorce on Your North Dakota Will?

Marriage and divorce impact your North Dakota will. After marriage, ensure your will is updated to include your spouse, as it might not happen automatically. Couples can make a will for married couples to manage their joint assets. After a divorce, North Dakota law usually revokes anything in your will that benefits your ex-spouse. Ensure you understand North Dakota inheritance laws and their effects on marriage and divorce.

Do all Wills in North Dakota have to Go Through Probate?

Yes, all last will and testament in North Dakota must go through probate. The probate court ensures that the wills are valid and can be fulfilled by the executor. You can use the North Dakota probate guide to familiarize yourself with the processes for a smooth probate process. This helps save time as you know all that is needed.

Is North Dakota a Community Property State?

No, North Dakota isn’t a community property state. In North Dakota, the property you acquire during your marriage is considered yours unless you decide to share ownership. 

How is North Dakota Intestate Succession Done?

After someone dies without a will in North Dakota, intestate succession prioritizes their spouse, children, and closest relatives. The spouse gets the first $300,000, and the other beneficiaries split the rest. So as to avoid intestate succession, ensure that you have created a will. Additionally, you can make simple wills for seniors to prevent intestate succession once they have passed away.

How is Estate and Inheritance Tax in North Dakota Done?

North Dakota does not impose taxes on estates or inheritances. Beneficiaries in North Dakota receive their inheritances without any tax.