FastCounsel

Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.

Detailed Answer

North Dakota law does not require a will to be notarized. However, it does require proper execution formalities to admit a will to probate. Under NDCC 30.1-03-03, a valid attested will must:

• Be in writing;
• Be signed by the testator (or by another at the testator’s direction); and
• Be witnessed by at least two individuals who sign in the presence of the testator.
  NDCC 30.1-03-03

If a will was not witnessed, it generally fails these requirements and cannot be admitted as an attested will. However, North Dakota recognizes holographic wills under NDCC 30.1-03-04. A holographic will meets these rules:

• The entire document is in the testator’s handwriting; and
• It is signed by the testator.
  NDCC 30.1-03-04

Steps to Probate a Holographic Will

1. File a Probate Application: Submit your petition and the original will to the district court in the county where the decedent lived.
   Key documents: original holographic will, death certificate, and any creditors’ claims.
2. Provide Notice: Notify heirs and interested parties as required by NDCC 30.1-17-01. Provide proof of notice to the court.
   NDCC 30.1-17-01
3. Attend the Hearing: The court schedules a hearing. Bring witnesses or experts to verify the testator’s handwriting and signature. The court may receive affidavits or oral testimony.
4. Obtain Letters Testamentary: If the court admits the will, it issues letters testamentary to the personal representative, authorizing estate administration.

If the document does not qualify as a holographic will and lacks two attesting witnesses, the court cannot probate it as a will. In that case, the estate may pass by intestacy under NDCC 30.1-05.

Helpful Hints

• Review whether the will is fully handwritten and signed by the decedent—this is critical for a holographic will.
• Gather witnesses or handwriting experts who can testify to the testator’s handwriting at the probate hearing.
• File your probate petition promptly; NDCC imposes time limits on presenting wills for probate.
• Check local court rules for filing fees, forms, and timelines.
• Even if the will meets requirements, probate can be complex—consider consulting a licensed North Dakota attorney for procedural guidance.