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What makes a will valid in North Dakota?

On Behalf of | Jun 24, 2024 | Estate Planning

Creating a will is a proactive step to ensure that your wishes are respected after your passing. In North Dakota, there are specific criteria for a will to be valid.

Age and mental competence

For a will to be valid in North Dakota, the primary requirement is that you must be at least 18 years old and mentally competent at the time of making the will. This ensures that you understand the nature and implications of your actions.

Written documentation

Your will must be in writing. North Dakota does not recognize oral wills, so a written document, either handwritten or typed electronically, is necessary to outline your intentions clearly.

Signature and witnesses

You must sign your will in the presence of two witnesses, who also need to sign the document. It is best to choose witnesses who are not your beneficiaries to avoid conflicts. These witnesses must be competent adults, confirming that you signed the will voluntarily and were of sound mind at the time.

Making it self-proving

While optional, making your will self-proving is advisable. This involves adding a notarized affidavit where the witnesses confirm their presence and your voluntary signing during the process. This step can expedite the probate process, as the court can accept the will without contacting the witnesses.

Clarity of intent

Clearly state who your beneficiaries are, what they are to receive and any specific conditions attached to their inheritance. Ambiguities can lead to disputes and potentially have a court interpret your intentions, which might not align with your original wishes.

Seeking legal guidance

While you can write your will on your own, seeking legal advice would be beneficial. An experienced family law attorney can help you understand the process and ensure that your will is clear and valid.

By adhering to these guidelines, your will should stand solid in North Dakota, ensuring that your family will carry out your wishes as you intended. This proactive approach provides peace of mind to both you and your loved ones.