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North Dakota Statutes, Title 30.1

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Title 30.1, Uniform Probate Code

42 chapters · 393 sections in this title.

All chapters in Title 30.1393 Ch 30.1-29, Protection of Property of Persons Un…33 Ch 30.1-31, Nonprobate Transfers on Death30 Ch 30.1-28, Guardians of Incapacitated Persons24 Ch 30.1-18, Powers and Duties of Personal Repres…21 Ch 30.1-04, Intestate Succession20 Ch 30.1-17, Personal Representative - Appointmen…18 Ch 30.1-20, Special Provisions Relating to Distr…17 Ch 30.1-19, Creditors' Claims16 Ch 30.1-15, Formal Testacy and Appointment Proce…14 Ch 30.1-32.1, Uniform Real Property Transfer on De…14 Ch 30.1-08, Wills12 Ch 30.1-14, Informal Probate and Appointment Pro…12 Ch 30.1-10.1, Disclaimer of Property Interests12 Ch 30.1-09.1, Rules of Construction of Governing I…11

12 sections·Filtered byTitle 30.1✕Ch 30.1-08✕

N.D.C.C. § 30.1-08-01 (2-501) Who may make a will
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Any adult who is of sound mind may make a will.
N.D.C.C. § 30.1-08-02 (2-502) Execution - Witnessed wills - Holographic wills
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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)…
N.D.C.C. § 30.1-08-04 (2-504) Self-proved will
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1. A will that is executed with attesting witnesses may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state in…
N.D.C.C. § 30.1-08-05 (2-505) Who may witness
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1. Any person generally competent to be a witness may act as a witness to a will. 2. A will or any provision thereof is not invalid because the will is signed by an interested witness.

N.D.C.C. § 30.1-08-06 (2-506) Choice of law as to execution

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A written will is valid if executed in compliance with section 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 law of the place where at the time of execution or at the time of death the testator is …

N.D.C.C. § 30.1-08-07 (2-507) Revocation by writing or by act

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1. A will or any part thereof is revoked: a. By executing a subsequent will that revokes the previous will or part expressly or by inconsistency; or b. By performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking th…

N.D.C.C. § 30.1-08-08 (2-508) Revocation by change of circumstances

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Except as provided in sections 30.1-10-03 and 30.1-10-04, a change of circumstances does not revoke a will or any part of it.

N.D.C.C. § 30.1-08-09 (2-509) Revival of revoked will

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1. If a subsequent will that wholly revoked a previous will is thereafter revoked by a revocatory act under subdivision b of subsection 1 of section 30.1-08-07, the previous will remains revoked unless it is revived. The previous will is revived if it is evident from the circumst…

N.D.C.C. § 30.1-08-10 (2-510) Incorporation by reference

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Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.

N.D.C.C. § 30.1-08-11 (2-511) Testamentary additions to trusts

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1. A will may validly devise property to the trustee of a trust established or to be established during the testator's lifetime by the testator, by the testator and some other person, or by some other person including a funded or unfunded life insurance trust, although the trusto…

N.D.C.C. § 30.1-08-12 (2-512) Events of independent significance

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A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator's death. The execution or revocation…

N.D.C.C. § 30.1-08-13 (2-513) Separate writing identifying devise of certain types of tangible personal property

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Whether or not the provisions relating to holographic wills apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as eviden…