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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.

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.

A will must be filed in North Dakota with the court in the county where the decedent lived. This allows the court to enter the will into records and determine the validity of the will, especially if there are any disputes.

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.

Signature: The will must be signed by the testator or by someone else in the testator's name in his conscious presence, by his direction. Witnesses: A North Dakota will must be signed by at least two individuals, each of whom signed within a reasonable time after witnessing the signing of the will as described above.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.