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Under North Dakota law, if you die without a will, or do not include
all of your property in your will, how your property is divided depends
on which of your relatives survive you. This property is called your intestate
estate.
- If you have a surviving spouse, the law guarantees that no less than
the first $100,000 plus one half of the balance of the estate will go
to your spouse.
- Your spouse gets the entire intestate estate if you have no surviving
parents or descendants.
- Intestate inheritance is limited to surviving grandparents and those
surviving descendants descended from grandparents. Under what conditions
each of these relatives inherits part of your estate and how much is
inherited is set out in the law. Your spouse, children and parents come
first.
- An heir must survive your death by 120 hours (5 days) to be entitled
to his or her intestate share, if any.
- If none of the relatives listed above survive you for 120 hours,
your property goes to the state for the support of the common schools.
Can I Make My Own Will?
Yes.
- A will which you draft in your own handwriting is called a "holographic
will."
- The law does not require that you get help from an attorney.
What Are the Requirements for a Holographic Will?
- The "testator" (person making the will) must sign the will in your
own handwriting.
- All of the "material provisions" of your will must be in your handwriting.
- "Material provisions" are the provisions where you are giving
land, money or other property to another person.
- No witnesses are necessary.
- The will should be dated. The date should include day, month, and
year that the will is signed.
- Introductory words like "This is the last will and testament of (your
name)" can be typed. Everything else must be in your handwriting.
What If I Want Help In Making A Will?
If you need help in drafting a will, contact the State Bar Association
of North Dakota at 1-800-932-8880.
Disclaimer: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.
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