Make a North Dakota Last Will and Testament

North Dakota State Last Will and Testament Laws

Definition of Will - 30.1-01-06(62)

Laws - Chapter 30.1-08 (Wills)

Witnesses - According to Chapter 30.1-08-02. (2-502), the Will must be signed by two (2) individual witnesses.

A Sample North Dakota Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your legal name, followed by your identified gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not single, give the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, provide that information here.

Step 5 - List the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. List the names of pets. Finally, add information about any life insurance policies.

Step 6 - State the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or someone with a disability, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - List the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, list the age they will be when the benefits end.

Step 9 - Is there a specific funeral home you’d like your body taken to? Provide that information here.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If someone is not named, the probate court will appoint someone. Provide the following information:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

You may also wish to name an alternate.

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should consider naming a guardian, an alternate guardian, and perhaps a conservator. Provide the following information for each:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information for each:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

When you sign the Will to execute it, your two witnesses must also sign the Will. Then, store the document in a safe location that is easy access should it be necessary.

Why do you need a North Dakota last will and testament form?

In the State of North Dakota, having a legal last will and testament in place is an important step when it comes to estate planning. A valid will is a legal document that allows you to outline any wishes you have for any real or personal property and assets such as bank accounts. You can name a guardian for your minor children and set up pet trusts as well. With a Will, you can name an executor who will be responsible for carrying out your documented wishes.

The benefits of having a will

Although a last will and testament is not legally required according to North Dakota law, there are many benefits to having one in place.

• A will allows you to name an executor: a trustworthy person who will be responsible for carrying out what you outlined in your will.
• You can specifically outline what should happen to any and all of your assets upon your death. Things that can be included are digital property, real estate, cars, jewelry, and anything else you own that is of monetary or sentimental value.
• A will also allows you to name a guardian for minors in your care.
• A North Dakota will you can also include a pet trust in your will.
• There is an expedited probate process available for estates valuing less than $50,000.

The costs of not having a will

Without a will in place, North Dakota’s intestacy laws become enacted. This means that the probate courts determine what happens to your estate upon your death. According to North Dakota intestacy laws, a surviving spouse will inherit the entirety of the estate in the absence of any dependents. If there are children and no spouse, the children will inherit everything. If there is a surviving spouse and children from that spouse, the spouse still inherits the estate. If there is a surviving spouse and children from a different relationship, the spouse will inherit the first $150,000 and half of the remainder of the estate with the rest going to the surviving children. Surviving parents are also entitled to a portion of the estate. If there is no spouse, no children, or parents, the next closest relative will be identified to inherit the entire estate. If no relative can be located, the State of North Dakota inherits the estate.