Is an Online Will Legal in North Dakota?

You can prepare a North Dakota will online and it will be valid, because N.D.C.C. § 30.1-08-02 says nothing about who drafted the document or what it was drafted with. North Dakota also recognizes electronically signed wills under chapter 30.1-37. What no North Dakota statute we read provides is a remote signing: the witnesses must each witness your signing or acknowledgment, or you acknowledge the will before a notary, and the electronic-wills chapter carries no electronic-presence rule.

Published: August 16, 2026Statutes verified: October 4, 2026

The Answer at a Glance

Prepare the will online

Valid

Whether a will drafted with online software can become a valid North Dakota will.

Sign it fully remotely

Paper signing

Whether North Dakota recognizes an electronic will executed without an in-person paper signing.

What this means for you

North Dakota gives you a choice most states do not: two witnesses OR a notary. A typed will acknowledged before a notary public is valid with no witnesses at all (§ 30.1-08-02(1)(c)(2)), and a notarized will gets a presumption of proper execution if it is ever contested (§ 30.1-15-06(2)). If you use witnesses instead, adding a self-proving affidavit under § 30.1-08-04 spares them at probate. An interested witness does not endanger the will or the gift (§ 30.1-08-05(2)). There is NO harmless-error rule in North Dakota, so a typed will that is neither witnessed nor notarized fails; an entirely handwritten will can still work under § 30.1-08-02(2) if the signature and the material portions are in your own handwriting. An electronic will is valid under chapter 30.1-37 if it meets the same witness-or-notary test, but do not assume a video call satisfies it.

What North Dakota Law Requires

The governing law is N.D.C.C. chapter 30.1-08 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 30.1-08-01 to 30.1-08-13, and chapter 30.1-37 (Uniform Electronic Wills Act). Each rule below links to the official source it was read from.

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Requirement	The North Dakota rule	Statute
Who can make a will	Age 18 or older, Sound mind.	N.D.C.C. § 30.1-08-01; N.D.C.C. § 14-10-01
Written document	Required.	N.D.C.C. § 30.1-08-02
Signature	The testator signs. The will may be signed in the testator's name by some other individual in the testator's CONSCIOUS PRESENCE and by the testator's direction (N.D.C.C. § 30.1-08-02(1)(b)).	N.D.C.C. § 30.1-08-02
Witnesses	2. For a witnessed will, at least two individuals must each sign within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (N.D.C.C. § 30.1-08-02(1)(c)(1)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence. Witnesses are not needed at all if the testator instead acknowledges the will before a notary public or other individual authorized by law to take acknowledgments (§ 30.1-08-02(1)(c)(2)).	N.D.C.C. §§ 30.1-08-02 and 30.1-08-05
Notarization	Not required for validity. A self-proving affidavit is optional and speeds probate.	N.D.C.C. § 30.1-08-04

Signing Day in North Dakota

For a witnessed will, at least two individuals must each sign within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (N.D.C.C. § 30.1-08-02(1)(c)(1)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence. Witnesses are not needed at all if the testator instead acknowledges the will before a notary public or other individual authorized by law to take acknowledgments (§ 30.1-08-02(1)(c)(2)).

North Dakota has TWO execution routes for a typed will: two witnesses, or a notary acknowledgment with no witnesses. § 30.1-08-05(1): any person generally competent to be a witness may act as a witness to a will; the section sets no minimum age. The code does not define conscious presence.

The self-proving step worth adding

Because § 30.1-08-04 applies only to a will executed with attesting witnesses, a notary-only will under § 30.1-08-02(1)(c)(2) is not self-proved under it; its protection is the § 30.1-15-06(2) presumption. § 30.1-08-04(3): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove its due execution. An electronic will has its own self-proving form in § 30.1-37-06. Timing: Either at execution, under N.D.C.C. § 30.1-08-04(1), or at any time after execution, under § 30.1-08-04(2); both subsections apply only to a will 'executed with attesting witnesses'.

Choose witnesses carefully

None. N.D.C.C. § 30.1-08-05(2): a will or any provision of it is not invalid because the will is signed by an interested witness. North Dakota carries no purging or intestate-share cap on a beneficiary-witness's gift.

Shortcuts North Dakota Does and Does Not Recognize

Handwritten (holographic) wills

Yes

N.D.C.C. § 30.1-08-02(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. There is no date requirement. § 30.1-08-02(3): intent that the document be the testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting.

§ 30.1-08-03, captioned 'Holographic will', is a repeal note (S.L. 1993, ch. 334, § 50); cite § 30.1-08-02(2). A typed, unwitnessed and unnotarized will fails § 30.1-08-02 and is not a holographic will, and North Dakota has no harmless-error rule to rescue it. (N.D.C.C. § 30.1-08-02)

Oral wills

NORTH DAKOTA HAS NO NUNCUPATIVE OR ORAL WILL. N.D.C.C. § 30.1-08-02 recognizes a will 'in writing' signed and either witnessed or notarized under subsection 1, and a handwritten holographic will under subsection 2; chapter 30.1-37 adds an electronic will that must be a record readable as text. No section of Title 30.1 in the Legislative Council's section index carries 'nuncupative' or 'oral' in its catchline (cache data-pipeline/research/nd-statutes-t30.1.json, 411 sections). A deathbed instruction to a family member has no testamentary effect in North Dakota. (N.D.C.C. § 30.1-08-02)

Electronic wills

Yes

North Dakota enacted the Uniform Electronic Wills Act as chapter 30.1-37 (2021 HB 1077, S.L. ch. 257). § 30.1-37-04(1): an electronic will must be a record readable as text at the time of signing, signed by the testator or by another individual in the testator's name, in the testator's conscious presence and by the testator's direction, and EITHER signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, OR acknowledged by the testator before a notary public or other individual authorized to take acknowledgments. 'Sign' includes affixing or logically associating an electronic symbol or process (§ 30.1-37-01(4)). WHAT NORTH DAKOTA DID NOT ENACT: the chapter's definitions (§ 30.1-37-01) contain no 'electronic presence' term, and § 30.1-37-04 says nothing about a witness or notary taking part by audio-video link, so no North Dakota statute read for this file authorizes REMOTE witnessing of a will. Whether a remote notarial act under North Dakota's notary law can supply the acknowledgment in § 30.1-37-04(1)(c)(2) was not verified and is not asserted. An electronic will may be made self-proving at execution under § 30.1-37-06. (N.D.C.C. §§ 30.1-37-01 to 30.1-37-07)

A Will Signed in Another State

N.D.C.C. § 30.1-08-06: a WRITTEN will is valid if executed in compliance with § 30.1-08-02, or if its execution complies with the law, at the time of execution, of the place where the will is executed, or of the place where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. For an electronic will, § 30.1-37-03 accepts one executed under the law of the jurisdiction where the testator was physically located when it was signed, or was domiciled or resided when it was signed or at death. (N.D.C.C. § 30.1-08-06; N.D.C.C. § 30.1-37-03)

Keep Going

The full North Dakota will-requirements guide covers capacity, revocation, and what happens when formalities fail.
North Dakota estate planning sets the will beside the other documents a complete plan needs.
A North Dakota revocable living trust is the main alternative when avoiding probate is the goal.
How every state answers the online-will question puts North Dakota's rules beside the other 36 states, and our scored will-maker comparison shows which products explain the signing steps best.

Frequently Asked Questions

Can I make my will online in North Dakota?

Does a North Dakota will need to be notarized?

No. Notarization is not required for a valid North Dakota will. The optional self-proving step under N.D.C.C. § 30.1-08-04 makes probate easier: Because § 30.1-08-04 applies only to a will executed with attesting witnesses, a notary-only will under § 30.1-08-02(1)(c)(2) is not self-proved under it; its protection is the § 30.1-15-06(2) presumption. § 30.1-08-04(3): a signature affixed to a self-proving affidavit attached to a will is considered a signature affixed to the will, if necessary to prove its due execution. An electronic will has its own self-proving form in § 30.1-37-06.

How many witnesses does a North Dakota will need?

2. For a witnessed will, at least two individuals must each sign within a reasonable time after witnessing either the testator's signing or the testator's acknowledgment of the signature or of the will (N.D.C.C. § 30.1-08-02(1)(c)(1)). The statute does not require the witnesses to sign in the testator's presence or in each other's presence. Witnesses are not needed at all if the testator instead acknowledges the will before a notary public or other individual authorized by law to take acknowledgments (§ 30.1-08-02(1)(c)(2)). (N.D.C.C. §§ 30.1-08-02 and 30.1-08-05)

Are handwritten (holographic) wills valid in North Dakota?

Yes. N.D.C.C. § 30.1-08-02(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. There is no date requirement. § 30.1-08-02(3): intent that the document be the testator's will can be established by extrinsic evidence, including, for a holographic will, portions of the document that are not in the testator's handwriting. § 30.1-08-03, captioned 'Holographic will', is a repeal note (S.L. 1993, ch. 334, § 50); cite § 30.1-08-02(2). A typed, unwitnessed and unnotarized will fails § 30.1-08-02 and is not a holographic will, and North Dakota has no harmless-error rule to rescue it. (N.D.C.C. § 30.1-08-02)

Are electronic wills legal in North Dakota?

Yes. North Dakota enacted the Uniform Electronic Wills Act as chapter 30.1-37 (2021 HB 1077, S.L. ch. 257). § 30.1-37-04(1): an electronic will must be a record readable as text at the time of signing, signed by the testator or by another individual in the testator's name, in the testator's conscious presence and by the testator's direction, and EITHER signed by at least two individuals who each signed within a reasonable time after witnessing the signing or the testator's acknowledgment, OR acknowledged by the testator before a notary public or other individual authorized to take acknowledgments. 'Sign' includes affixing or logically associating an electronic symbol or process (§ 30.1-37-01(4)). WHAT NORTH DAKOTA DID NOT ENACT: the chapter's definitions (§ 30.1-37-01) contain no 'electronic presence' term, and § 30.1-37-04 says nothing about a witness or notary taking part by audio-video link, so no North Dakota statute read for this file authorizes REMOTE witnessing of a will. Whether a remote notarial act under North Dakota's notary law can supply the acknowledgment in § 30.1-37-04(1)(c)(2) was not verified and is not asserted. An electronic will may be made self-proving at execution under § 30.1-37-06. (N.D.C.C. §§ 30.1-37-01 to 30.1-37-07)

Is a will made in another state valid in North Dakota?

Generally yes, within the statute’s terms. N.D.C.C. § 30.1-08-06: a WRITTEN will is valid if executed in compliance with § 30.1-08-02, or if its execution complies with the law, at the time of execution, of the place where the will is executed, or of the place where, at execution or at death, the testator is domiciled, has a place of abode, or is a national. For an electronic will, § 30.1-37-03 accepts one executed under the law of the jurisdiction where the testator was physically located when it was signed, or was domiciled or resided when it was signed or at death. (N.D.C.C. § 30.1-08-06; N.D.C.C. § 30.1-37-03)

SourcesOfficial references used for this page

Verified against N.D.C.C. chapter 30.1-08 (Wills, Will Contracts, and Custody and Deposit of Wills), §§ 30.1-08-01 to 30.1-08-13, and chapter 30.1-37 (Uniform Electronic Wills Act) on October 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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