What the rule says
North Dakota provides three pathways to a valid will under the UPC framework:
Attested wills (N.D. Cent. Code § 30.1-08-02)
1. A writing. 2. The testator's signature. 3. Two competent witnesses.
Holographic wills (§ 30.1-08-02(2))
An ND holographic will is valid if material provisions are in the testator's handwriting and signed.
Harmless-error doctrine (§ 30.1-08-03)
Defective documents can be probated with clear and convincing evidence of testamentary intent.
Self-proving affidavits
North Dakota recognizes self-proving affidavits under standard UPC framework.
What you can do about it
For an ND will execution:
- Have the testator and at least two witnesses present. - Use the self-proving affidavit. - Sign at the end of the document. - Avoid using beneficiaries as witnesses.
Who this affects most
North Dakota's flexible three-pathway framework reduces execution risk significantly.