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North Dakota will let you skip the witnesses entirely — if you use a notary instead. N.D.C.C. § 30.1-08-02 gives you a genuine choice: two witnesses, or your own acknowledgment before a notary public. Only a handful of states adopted that option, and North Dakota is the rare one that extends the same choice to electronic wills. Handwritten wills are valid here too, with no date required. Online services prepare a North Dakota-specific will for $199–$299. Every rule below cites the North Dakota Century Code.
Most North Dakota adults can finish a legally valid will in under an hour.
Two witnesses or a notary, a signature, and clear wishes — that’s the whole requirement. An online service like Trust & Will prepares a North Dakota-specific will with the signature pages ready.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
North Dakota Will Requirements (2026)
| Requirement | North Dakota rule | Statute |
|---|---|---|
| In writing | A written record — or an electronic record under ch. 30.1-37 | §§ 30.1-08-02, 30.1-37-04 |
| Signed | By you, or in your name by another in your conscious presence and at your direction | § 30.1-08-02(1)(b) |
| Witnessed or notarized | Either two individuals signing within a reasonable time after witnessing, or your acknowledgment before a notary public | § 30.1-08-02(1)(c) |
Who can make a will: 18 or older and of sound mind (§ 30.1-08-01).
The Notary Option: a Will With No Witnesses at All
In 2008 the Uniform Probate Code was amended to allow a will to be validated by a notary instead of witnesses. Most UPC states never took it. North Dakota did, and the text is explicit — a will must be signed:
“(1) By at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will… or the testator’s acknowledgment of that signature or acknowledgment of the will; or (2) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.” — N.D.C.C. § 30.1-08-02(1)(c)
That “or” is doing real work. A North Dakota will signed in front of a notary, with nobody else in the room, is valid. No witnesses at all. Colorado has the same option; almost nowhere else does. In Vermont or West Virginia, by contrast, two witnesses must be present together and sign in front of each other.
Practically, this matters most for people who cannot easily assemble two disinterested adults — someone in a care facility, on a farm a long way from town, or dealing with a small family where everyone is a beneficiary. A bank or courthouse notary solves it.
Note also what the notary route avoids: the interested-witness problem. If your only available witnesses are people who inherit under the will, using a notary sidesteps the question entirely.
Handwritten Wills Are Valid in North Dakota
Section 30.1-08-02(2): a will that does not comply with the formalities above is valid as a holographic will, whether or not witnessed, if the signature and material portions of the document are in the testator’s handwriting. No date required.
A citation trap. North Dakota’s old standalone holographic-will section, § 30.1-08-03, was repealed by S.L. 1993, ch. 334, § 50, and the rule moved into § 30.1-08-02(2). If you find guidance citing 30.1-08-03 for handwritten wills, it is citing a section that has been empty for thirty years.
Electronic Wills: Legal in North Dakota — and You Can Notarize Those Too
North Dakota adopted the Uniform Electronic Wills Act at N.D.C.C. ch. 30.1-37. Under § 30.1-37-04, an electronic will must be a record readable as text at the time of signing, signed by you or by another in your conscious presence at your direction, and either signed by at least two individuals within a reasonable time after witnessing, or acknowledged by you before a notary public.
North Dakota is the only state in this comparison that offers the notary alternative for an electronic will. Kentucky, Oklahoma, Idaho and Utah all require two witnesses for an e-will. North Dakota lets a notary stand in.
Section 30.1-37-06 allows an electronic will to be made self-proving at execution, and § 30.1-37-07 lets anyone create a certified paper copy by affirming under penalty of perjury that it is complete, true and accurate — with the self-proving affidavits included if the will was made self-proving.
One definitional detail worth noting in a state with five tribal nations: § 30.1-37-01(5) provides that “State” includes a federally recognized Indian tribe.
Where this act lives is itself a trap. North Dakota’s wills chapter, 30.1-08, contains not a single occurrence of the word “electronic.” The Uniform Electronic Wills Act sits twenty-nine chapters away at 30.1-37. Anyone checking only the wills chapter would conclude North Dakota has no electronic wills. It does.
Dying Without a Will in North Dakota
| Your situation | What your spouse receives |
|---|---|
| No descendant and no parent survive you | The entire intestate estate |
| All your descendants are your spouse’s, and your spouse has no others | The entire intestate estate |
| No descendant, but a parent survives | First $300,000 + 3/4 of the balance |
| All your descendants are shared, but your spouse has other descendants | First $225,000 + 1/2 of the balance |
| You have a descendant who isn’t your spouse’s | First $150,000 + 1/2 of the balance |
All from § 30.1-04-02. North Dakota keeps a preferential amount in every case, the same structure Montana uses. Note that the ladder still splits a family estate: with a child from an earlier relationship, your spouse takes $150,000 plus half, and your children own the rest — which on farmland means co-ownership of the land.
North Dakota Has No Death Tax
North Dakota has no inheritance tax, and no estate tax has been paid to North Dakota for deaths occurring after January 1, 2005, following the federal repeal of the state death tax credit the old tax was measured by. The Office of State Tax Commissioner publishes the estate tax as repealed history. Only the federal estate tax can reach a North Dakota estate. Compare the states in our state-by-state comparison.
What a Will Costs in North Dakota
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten | $0 | Valid if the signature and material portions are in your hand — no date needed, but the most-contested format |
| Online service | $199 individual / $299 couple | North Dakota-specific will — sign with two witnesses or before a notary |
| North Dakota attorney | Flat fees vary — Fargo and Bismarck run above rural counties | Custom drafting and counsel, particularly for farm succession and mineral interests |
Online pricing verified against Trust & Will’s published rates (August 2026). The State Bar Association of North Dakota publishes no fee survey, so we quote no attorney figures we can’t source. See how North Dakota compares with the rest of the country.
One North Dakota caution. If your estate includes farmland or mineral rights, an online will is unlikely to be the whole answer. Oil and gas interests fracture across generations of heirs faster than surface land does, and dividing an operation among children who do not all farm is an attorney question.
What a North Dakota Will Does Not Do
1. A will does not avoid probate. North Dakota probate is a district court process on the public record, though informal probate handles most uncontested estates. North Dakota also offers transfer-on-death deeds. See what a living trust costs in North Dakota and our guide to avoiding probate.
2. A will does not remove your spouse’s elective share. North Dakota has an augmented-estate elective share in Title 30.1.
3. A will does not cover incapacity, and does not override beneficiary designations. Pair it with a durable power of attorney and a health care directive — see the five documents every family needs.
Will vs. Trust for North Dakota Families
Every North Dakota adult needs a will — no default rule names a guardian for your children, and the intestacy ladder splits the estate the moment anyone has children from an earlier relationship. With no state death tax, the trust question here is about probate avoidance, privacy, and keeping farmland and mineral interests intact rather than fractured among heirs. Start with Trust vs. Will: Which Does Your Family Need? and the numbers in our North Dakota living trust cost guide.
If the will is what you need today, Trust & Will’s North Dakota package includes the signature pages, guardianship nominations, and healthcare documents — build your North Dakota will here.
FAQ
Does a will have to be notarized in North Dakota?
Not required — but it is one of two valid routes. Under § 30.1-08-02(1)(c) a will may be signed by two witnesses or acknowledged by the testator before a notary public. A North Dakota will with a notary and no witnesses is valid.
Are handwritten wills legal in North Dakota?
Yes, with no witnesses, if the signature and material portions are in your handwriting (§ 30.1-08-02(2)). No date is required. Note that the old holographic section, § 30.1-08-03, was repealed in 1993 — the rule now lives in 30.1-08-02(2).
Can I make an electronic will in North Dakota?
Yes. North Dakota adopted the Uniform Electronic Wills Act at ch. 30.1-37. Under § 30.1-37-04 an electronic will must be readable as text at signing and either signed by two witnesses or acknowledged before a notary public — the same choice as a paper will.
What happens if I die without a will in North Dakota?
Your spouse takes everything if you leave no descendant and no parent, or if all your descendants are theirs and they have no others. Otherwise: $300,000 plus three-quarters if a parent survives and you have no descendants; $225,000 plus half if your spouse has outside children; $150,000 plus half if you do (§ 30.1-04-02).
Does North Dakota have an estate or inheritance tax?
No. North Dakota has no inheritance tax, and no estate tax has been paid to the state for deaths after January 1, 2005.
North Dakota Law Cited on This Page
- N.D.C.C. § 30.1-08-02 — execution; witnessed wills; holographic wills; the notary alternative
- N.D.C.C. § 30.1-08-04 — self-proved will
- N.D.C.C. ch. 30.1-37 — Uniform Electronic Wills Act
- N.D.C.C. § 30.1-04-02 — share of spouse
- ND Office of State Tax Commissioner — estate tax history
Update log — August 2026: page created. Execution, notary-alternative, holographic, electronic-will and intestacy rules verified against the official North Dakota Century Code published by the North Dakota Legislative Branch. Reviewed when North Dakota law changes.