§ 30.1-08-02 — (2-502) Execution - Witnessed wills - Holographic wills

North Dakota § 30.1-08-02

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-08: Wills

Text

1. Except as provided in subsection 2 and in sections 30.1-08-06 and 30.1-08-13, a will
must be:
a. In writing.
b. Signed by the testator or in the testator's name by some other individual in the
testator's conscious presence and by the testator's direction.
c. Either signed:
(1) By at least two individuals, each of whom signed within a reasonable time
after witnessing either the signing of the will as described in subdivision b 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.
2. A will that does not comply with subsection 1 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.
3. Intent that a document constitute the testator's will can be established by extrinsic
evidence, including, for holographic wills, portions of the document that are not in the
testator's handwriting.