N.D. Cent. Code § 30.1-08-02

Current through 2023 Legislative Sessions
Section 30.1-08-02 - (2-502) Execution - Witnessed wills - Holographic wills
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.

N.D.C.C. § 30.1-08-02