Current through 2024 Legislative Session
Section 30.1-08-02 - (2-502) Execution - Witnessed wills - Holographic wills1. Except as provided in subsection 2 and in sections 30.1-08-06 and 30.1-08-13, a will must be: 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.