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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-08-02. (2-502) Execution--Witnessed wills--Holographic wills - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-08-02.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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