North Dakota Last Will and Testament

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North Dakota Last Will and Testament

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Last updated May 4th, 2026

A North Dakota last will and testament is an estate-planning document that outlines what will happen to a person’s property when they die. It appoints a personal representative to handle administrative tasks and ensures that property is correctly distributed to the named beneficiaries after the testator’s passing.

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A North Dakota last will and testament is an estate-planning document that outlines what will happen to a person’s property when they die. It appoints a personal representative to handle administrative tasks and ensures that property is correctly distributed to the named beneficiaries after the testator’s passing.

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State Laws

  • Minimum Age – 18.[1]
  • Signing Requirements – Testator and two witnesses or notary (no witnesses or notary required for holographic wills).[2]
  • How to Revoke – Executing new will or destroying the original.[3]

Probate in North Dakota

Application for Probate of Will

The personal representative must file with the district court[4]:

They must then mail a Notice and Information to Heirs and Devisees (Form 5) to devisees, and either file the Inventory and Appraisement (Form 10) with the court or mail it to devisees and requesting parties.[5] To reduce the claim window, the personal representative can publish a Notice to Creditors (Form 6) and send copies to creditors.[6]

The personal representative must mail an Affidavit Forwarding Copy of Application to Department of Health and Human Services (Form 7), the Application, and a list of beneficiaries and joint tenants to[7]:

Department of Health and Human Services
State Capitol
Bismarck, ND 58505

After settling estate obligations, the personal representative must distribute assets using the Personal Representative’s Assignment (Form 13) and mail an accounting to beneficiaries.[8] The Personal Representative’s Deed of Distribution (Form 11) must be recorded with the county recorder for real estate transfers.[9]

Lastly, the personal representative must file a Personal Representative’s Verified Statement to Close Estate (Form 15) and mail copies to beneficiaries and unpaid creditors.[10]

Small Estates

If the estate is worth $100,000 or less and contains no real property, the beneficiaries can avoid probate by filing an Affidavit for Collection of Personal Property of the Decedent.[11]

Sources

  1. § 30.1-08-01 
  2. § 30.1-08-02(1)(b) & (c)
  3. § 30.1-08-07(1)
  4. Informal Administration of an Estate (p. 25)
  5. §§ 30.1-18-05, 30.1-18-06
  6. §§ 30.1-19-01(1) & (3), 30.1-19-03(1)
  7. Informal Administration of an Estate (p. 8), § 50-24.1-07(3)
  8. §§ 30.1-19-07(1), 30.1-21-03, Informal Administration of an Estate (p. 10)
  9. Informal Administration of an Estate (p. 41)
  10. Informal Administration of an Estate (p. 13), § 30.1-21-03(1)
  11. § 30.1-23-01