Create Legal North Dakota Estate Planning Forms For Free

In North Dakota, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.

In North Dakota, a Holographic Will isn't required to be witnessed or notarized. Interested Person: Includes heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person.

Any adult who is of sound mind may make a will. 30.1-08-02. (2-502) Execution - Witnessed wills - Holographic wills. (2) Acknowledged by the testator before a notary public or other individual authorized by law to take acknowledgments.

The will must also be in writing and signed by the owner or by someone in the owner's presence and at the owner's direction. In addition, the will must be signed by two witnesses within a reasonable time after witnessing the owner's signing or the owner's acknowledgement of that signature or the will.

North Dakota recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A holographic will in North Dakota does not have to be witnessed in order to be valid.

If you are interested in creating a living trust in North Dakota, you will create a written trust agreement and sign it in front of a notary public. To make the trust effective, you must then transfer assets into it. Living trusts provide a variety of benefits. Consider whether these benefits appeal to you.