-You’ve worked hard for what you have, and it’s your right to decide what happens to it after you’re gone. You exercise that right by drafting a Last Will and Testament. A Last Will and Testament is a legal document that communicates how you would like your money and assets to be distributed after you die, and what happens to your children and your pets.
Dying Without a Will in North Dakota
In North Dakota, if someone dies without making a Will, the property will be distributed in accordance with state intestacy laws. If the court finds that you have no living relatives by marriage or blood, the state takes ownership of your property. That’s why if you own anything of value—monetary or even sentimental value, you need a Will–especially if you are married or have children or pets.
Elements of a Last Will
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Naming an Executor/Personal Representative. A specific person whom you trust to properly execute your instructions in the Will.
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Naming Heirs/Beneficiaries. The people/organizations you wish to receive the assets you leave behind.
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Naming a Guardian whom you would like to take care of your children or pets.
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Do You Need to Hire A Lawyer to Make Your Will?
In most cases, there is no need to hire a lawyer to create a Last Will and Testament in North Dakota. You can do it yourself with our free template and online samples of a Last Will and Testament. Simply answer a few questions above and you will be on your way to create a Will.
However, in some situations it is advisable to consult an attorney. For instance, if you think that your Will can be challenged after your death, or if you want to disinherit your children or spouse.
Requirements for Making a Will Legally Valid
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To finalize a Last Will in North Dakota, you must acknowledge or sign the Will before two witnesses, and the witnesses need to sign it within a specific time period after your acknowledgement or signing.
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There is no need to notarize your Last Will in North Dakota to make it valid, but if you do not want the Will to be witnessed, you can have it notarized to make it legal. A notarized Will is “self-proving,” which helps to speed up the probate as the court can accept the Will without contacting witnesses, who need to sign it.
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How Do I Change or Revoke My Will?
In North Dakota, you can change or revoke your Will anytime by doing the following:
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Tearing, burning, obliterating, cancelling or destroying a part or the entire Will (or ordering someone to burn, cancel, obliterate, destroy partly or the entire Will before you).
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When creating a new Will, there is a clause that revokes or contains contradictory terms to the previous Will.
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Download your Last Will and Testament North Dakota from Forms.Legal now! With your free subscription, you can also access other legal forms for use in North Dakota and any other state in the US.