North Dakota Living Will Template — Print, Sign & File Today
Healthcare decisions and end-of-life wishes
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LIVING WILL
State of North Dakota
I, [YOUR NAME], being of sound mind, willfully and voluntarily make this Living Will to express my wishes regarding medical treatment.
DECLARANT:
Name: [YOUR NAME]
Address: [ADDRESS]
City, State, ZIP: [CITY], ND [ZIP]
Date of Birth: [DOB]
DECLARATION:
If I am unable to make my own medical decisions and am in a terminal condition or permanent unconscious state, I direct that:
1. LIFE-SUSTAINING TREATMENT
[ ] I DO want life-sustaining treatment
[ ] I DO NOT want life-sustaining treatment
2. ARTIFICIAL NUTRITION AND HYDRATION
[ ] I DO want artificial nutrition and hydration
[ ] I DO NOT want artificial nutrition and hydration
3. PAIN MANAGEMENT
I want all measures taken to keep me comfortable and free from pain.
4. ORGAN DONATION
[ ] I wish to donate my organs
[ ] I do not wish to donate my organs
This Living Will complies with North Dakota advance directive laws (ND Statutes).
DECLARANT SIGNATURE: _____________________ DATE: _____
WITNESS 1: _____________________ DATE: _____
WITNESS 2: _____________________ DATE: _____
NOTARY PUBLIC:
State of North Dakota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Signature: _____________________
FAQ: Living Will in North Dakota
Is a Living Will required in North Dakota?
Yes, in North Dakota, a Living Will 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 Living Will may result in legal complications.
Does a Living Will 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 Living Will in North Dakota?
North Dakota has a base sales tax rate of 5%. Depending on the type of transaction documented in your Living Will, additional local taxes may apply. Consult with a North Dakota tax professional for specific guidance on your situation.
What is the difference between a living will and a regular will?
A living will addresses medical decisions if you become incapacitated, while a regular will distributes your assets after death. A living will specifies your wishes for life-sustaining treatment, while a will names beneficiaries and an executor.
Do I need witnesses for a living will?
Most states require two witnesses for a living will, and some also require notarization. Witnesses typically cannot be family members, heirs, or your healthcare providers. Check your state's specific requirements for valid execution.
Can I change my living will?
Yes, you can change or revoke your living will at any time while you are mentally competent. You should destroy old copies, create a new document, and provide updated copies to your healthcare providers and designated healthcare agent.
Living Will Costs in North Dakota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | North Dakota standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in North Dakota |
| Sales Tax | 5% | North Dakota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This Living Will template for North Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
North Dakota Living Will Requirements
Review the following requirements to ensure your Living Will is legally valid in North Dakota.
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.
North Dakota Living Will Legal Guide
Under North Dakota jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
North Dakota law (North Dakota State Code) governs this Living Will. Key financial considerations include a 5% sales tax rate and notary fees of $5-$10. The document requires 1 witness and remains valid indefinite.
Using this template ensures you're protected under North Dakota law while saving time and money on legal fees.
Expert Recommendations
Legal professionals in North Dakota recommend:
- Always use a state-specific template compliant with ND statutes
- Have documents reviewed before signing high-value agreements
- File copies with the appropriate North Dakota government office when required
- Update your documents annually to reflect any changes in ND law
Enforceability in North Dakota
A Living Will 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.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. North Dakota law under ND requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, North Dakota may require notarization or witness signatures.
North Dakota Statutory Requirements
The ND legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
A Living Will 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.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. North Dakota law under ND requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, North Dakota may require notarization or witness signatures.
North Dakota Statutory Requirements
The ND legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
The ND legislature has established specific guidelines for living will documents. These include proper execution formalities, witness requirements, and in some cases, mandatory filing with the county clerk's office. Non-compliance can result in legal complications.
Where to File Your Living Will in North Dakota
Visit your local County Clerk office to file or notarize your Living Will.
North Dakota County Clerk
North Dakota Capital
Main Government Building, North Dakota
District County Clerk
North Dakota Metro Area
County Courthouse, ND
Other Forms in North Dakota
Living Will in Neighboring States
Document Information
- Document
- Living Will
- 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 Advance Directive Law
- ✓Must be in writing and signed
- ✓Witnesses required (typically 2)
- ✓Notarization may be required
- ✓Must be competent when executing
📊 Living Will vs. Last Will and Testament in North Dakota
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.