North Dakota Last Will and Testament Template — Print, Sign & File Today

Distribute your assets and appoint guardians after death

Sales Tax: 5%Notary: $5-$10Witnesses: 1

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LAST WILL AND TESTAMENT
State of North Dakota

I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, North Dakota (ND), being of sound mind and memory, do hereby declare this to be my Last Will and Testament, revoking all previous wills and codicils.

ARTICLE I — IDENTIFICATION
Name: [YOUR FULL LEGAL NAME]
Date of Birth: [DOB]
Address: [ADDRESS], ND [ZIP]
Social Security Number: [LAST 4 DIGITS ONLY]

ARTICLE II — FAMILY
Spouse: [SPOUSE NAME] (if applicable)
Children: [LIST CHILDREN WITH DATES OF BIRTH]

ARTICLE III — DEBTS AND EXPENSES
I direct my Personal Representative to pay all legally enforceable debts, funeral expenses, and costs of administration from my estate.

ARTICLE IV — SPECIFIC BEQUESTS
I give the following specific gifts:
1. [ITEM/AMOUNT] to [BENEFICIARY NAME]
2. [ITEM/AMOUNT] to [BENEFICIARY NAME]
3. [ITEM/AMOUNT] to [BENEFICIARY NAME]

ARTICLE V — RESIDUARY ESTATE
I give the remainder of my estate to [BENEFICIARY NAME]. If this beneficiary does not survive me, I give the residuary estate to [ALTERNATE BENEFICIARY].

ARTICLE VI — PERSONAL REPRESENTATIVE
I appoint [EXECUTOR NAME] as Personal Representative of this Will. If unable to serve, I appoint [ALTERNATE EXECUTOR] as successor.

ARTICLE VII — GUARDIAN (if minor children)
I appoint [GUARDIAN NAME] as guardian of my minor children. If unable to serve, I appoint [ALTERNATE GUARDIAN].

ARTICLE VIII — POWERS
My Personal Representative shall have full power to sell, lease, mortgage, or otherwise manage estate assets as necessary.

This Will is executed in accordance with the laws of North Dakota (ND Statutes).

TESTATOR SIGNATURE: _____________________ DATE: _____
Print Name: _____________________

WITNESS ATTESTATION:
We declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and appeared to be of sound mind and under no duress.

Witness 1: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

Witness 2: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

NOTARY ACKNOWLEDGMENT (if required in North Dakota):
State of North Dakota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________ My Commission Expires: _____
[NOTARY SEAL]

FAQ: Last Will and Testament in North Dakota

Is a Last Will and Testament required in North Dakota?

Yes, in North Dakota, a Last Will and Testament is required for most transactions of this type. Under North Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Last Will and Testament may result in legal complications.

Does a Last Will and Testament need to be notarized in North Dakota?

Notarization requirements in North Dakota (ND) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Last Will and Testament in North Dakota?

North Dakota has a base sales tax rate of 5%. Depending on the type of transaction documented in your Last Will and Testament, additional local taxes may apply. Consult with a North Dakota tax professional for specific guidance on your situation.

Do I need a lawyer to make a will?

No, you can create a valid will without a lawyer in all 50 states. However, the will must meet your state's requirements for execution, including proper witnesses and, in some states, notarization. A lawyer is recommended for complex estates.

How many witnesses do I need for a will?

Most states require two witnesses who are not beneficiaries of the will. The witnesses must observe you sign the will and then sign it themselves. Some states also accept self-proving affidavits notarized at the time of signing.

Can I change my will after signing it?

Yes, you can change your will at any time by creating a codicil (amendment) or by writing an entirely new will that revokes the previous one. Any changes must meet the same execution requirements as the original will.

Last Will and Testament Costs in North Dakota

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)North Dakota standard rate: $5-$10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in North Dakota
Sales Tax5%North Dakota base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are North Dakota-specific estimates. Contact your local office for exact pricing.
MCE
Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Last Will and Testament template for North Dakota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

North Dakota Last Will and Testament Legal Guide

Under North Dakota jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.

For North Dakota (ND) residents, this Last Will and Testament is governed by North Dakota State Code. Important details: sales tax at 5%, notary costs of $5-$10, and a requirement for 1 witness. The document has indefinite validity once properly executed.

Using this template ensures you're protected under North Dakota law while saving time and money on legal fees.

testatorbeneficiaryexecutorpersonal representativeestate distributionprobateinheritanceguardian
Every year, thousands of North Dakota residents need a Last Will and Testament for personal or business purposes. Understanding ND regulations ensures your document is enforceable and protects your interests.

Pro Tips for North Dakota Residents

- **Use blue or black ink** when signing physical copies in North Dakota
- **Keep digital backups** of all signed documents
- **Check for local county requirements** that may apply in addition to ND state law
- **Don't backdate** — North Dakota courts view backdated documents unfavorably
- **Consult an attorney** for transactions exceeding $10,000 in value

Enforceability in North Dakota

A Last Will and Testament that meets all ND requirements is fully enforceable in North Dakota. Courts in North Dakota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

Completing Your Last Will and Testament

The process in North Dakota is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all ND-required fields are completed. North Dakota courts take document completeness seriously — missing information can delay or invalidate your filing.

ND Compliance Checklist

Before finalizing your Last Will and Testament, verify that it meets North Dakota's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by ND statute

Where to File Your Last Will and Testament in North Dakota

Visit your local County Clerk office to file or notarize your Last Will and Testament.

North Dakota County Clerk

North Dakota Capital

Main Government Building, North Dakota

District County Clerk

North Dakota Metro Area

County Courthouse, ND

North Dakota Last Will and Testament Requirements

Review the following requirements to ensure your Last Will and Testament is legally valid in North Dakota.

Testator must be 18 or older
Testator must be of sound mind
1 witness must sign
Notarization recommended
Self-proving affidavit recommended
Personal representative named
Guardian for minors designated
Residuary clause included
Revocation of prior wills stated
1 witness must sign

North Dakota Notarization

While notarization may not be required in North Dakota, it is recommended. Fees range from $5-$10.

Before You Sign

Review all information carefully. In North Dakota, a 5% sales tax may apply.

Legal Protection

Keep copies of all signed documents. North Dakota law requires all parties to receive copies of executed documents.

North Dakota Filing Deadlines

Check North Dakota deadlines for filing or recording this document with the appropriate county clerk's office.

Document Information

Document
Last Will and Testament
State
North Dakota (ND)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
5%
Notary Fee
$5-$10

North Dakota Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in North Dakota may change. Consult a licensed attorney for advice specific to your situation.