Estate plan

North Dakota

Everything to plan your estate in North Dakota: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in North Dakota, all for $29/year.

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North Dakota content last reviewed May 18, 2026.

Will

2W

Trust

—

POA

N

HC Directive

2W

E-will

Adopted

Since 2021

RON

Since 2019

Remote online notarization

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
1

Will

N.D. Cent. Code §30.1-08-01 et seq.

Witnesses: 2 required

Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment. North Dakota also accepts notarization as an alternative to witnesses.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Valid

Handwritten wills without witnesses are recognized in North Dakota

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Acknowledgment before a notary public is required for the agent's act to bind real-property recordable conveyances and to satisfy ND bank and county-recorder practice. North Dakota's POA framework is the Uniform Durable Power of Attorney Act in N.D. Cent. Code Chapter 30.1-30 (§§30.1-30-01 to 30.1-30-06); ND has not enacted the UPOAA and there is no statutory short form. An unnotarized POA is routinely rejected by ND banks and county recorders.
•Durability requires EXPRESS magic-words language. N.D. Cent. Code §30.1-30-01 defines a durable power of attorney as one whose writing contains the words 'This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time,' or 'This power of attorney becomes effective upon the disability or incapacity of the principal,' or similar words showing the principal's intent that the authority survive subsequent disability or incapacity. Durability is NOT presumed by silence; a POA omitting durability language is presumed non-durable and terminates on the principal's incapacity.
ViewStatutory warning notice
IMPORTANT INFORMATION (informational; NOT a statutory short-form notice) Note for North Dakota readers. North Dakota has NOT enacted the Uniform Power of Attorney Act (UPOAA). This Power of Attorney is governed by the older Uniform Durable Power of Attorney Act, N.D. Cent. Code Chapter 30.1-30 (§§30.1-30-01 through 30.1-30-06), which has no statutory short form and no statutorily mandated notice. The disclosure paragraphs below are included as a best-practice informational notice modeled on the UPOAA short form so risk-averse ND banks and recording offices see disclosure language they recognize. No part of this notice is required by N.D. Cent. Code Chapter 30.1-30 for the validity of this Power of Attorney; the operative authority is the durability recital and the agent-grant articles below. This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is informed by the North Dakota Uniform Durable Power of Attorney Act, N.D. Cent. Code Chapter 30.1-30 (§§30.1-30-01 through 30.1-30-06). This power of attorney does not authorize the agent to make health- care decisions for you. You should select someone you trust to serve as your agent. Unless the power of attorney provides otherwise, your agent has the power to act on your behalf for all matters covered by this instrument, even if you are able to act for yourself. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. Your agent is required to act in accordance with your reasonable expectations to the extent actually known by your agent and, otherwise, in your best interest, to act in good faith, and to act only within the scope of authority granted in the power of attorney. The law that governs powers of attorney is contained in the North Dakota Century Code, Chapter 30.1-30. If you have any questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
4

Health Care Directive

N.D. Cent. Code §23-06.5-01 et seq.

Witnesses: 2 required, or notary

North Dakota accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public. N.D. Cent. Code §23-06.5-05

State-specific notes

•Verification by notary OR two witnesses (§23-06.5-05(2), disjunctive). Witnesses must be at least 18 years of age. AT LEAST ONE WITNESS must NOT be a health-care or long-term-care provider providing direct care to the principal, or an employee of such a provider, on the date of execution (a notary, by contrast, may be such an employee per §23-06.5-05(2)). NEITHER the notary NOR any witness may be, at the time of execution: (i) the agent; (ii) the principal's spouse or heir; (iii) a person related to the principal by blood, marriage, or adoption; (iv) a person entitled to any part of the principal's estate by will or operation of law; (v) any other person having claims against the principal's estate; (vi) a person directly financially responsible for the principal's medical care; or (vii) the principal's attending physician.
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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
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Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
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Annual review reminder
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Electronic will status

North Dakota has adopted electronic will legislation (2021). You may be able to create, sign, and witness a will electronically using approved methods.

Digital assets access

North Dakota has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

North Dakota authorized RON in 2019.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

North Dakota does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in North Dakota for guidance specific to your situation.

Also for North Dakota

Make a North Dakota will

Free last will and testament, valid in North Dakota.

North Dakota healthcare directive

Name your medical decision-maker and treatment wishes.

North Dakota power of attorney

Name someone to handle finances if you can't.

North Dakota living trust

Skip probate and keep your estate private.

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