Codicil to Last Will & Testament - North Dakota
CODICIL TO LAST WILL AND TESTAMENT OF [TESTATOR FULL LEGAL NAME]
Before you use this: Review the signed Will and every prior codicil, insert the exact final amendment text, and remove unused blanks. This form uses the witnessed execution route in N.D.C.C. § 30.1-08-02(1). The optional simultaneous self-proving affidavit requires the testator and witnesses to swear before an authorized officer, whose certificate bears an official seal, under § 30.1-08-04(1).
I, [TESTATOR FULL LEGAL NAME], of [ADDRESS, COUNTY, NORTH DAKOTA], am an adult of sound mind. I make this [FIRST / SECOND / OTHER] Codicil to my Last Will and Testament dated [__/__/____] (the Will).
My earlier codicils to that Will, if any, are dated [DATES OR “NONE”: ______________________________].
1. Purpose and effect
I intend this Codicil to supplement the Will and any earlier codicils, not to make a complete new disposition of my estate. I expressly change only the provisions identified below. I intend the Will and earlier codicils to remain operative except to the extent expressly changed here or inconsistent with this Codicil.
2. Amendments
Amendment 1 — affected instrument, article, and section: [________________________________]
Exact existing provision to be changed: [________________________________]
I [REVOKE / REPLACE / ADD TO] that provision as follows:
[INSERT COMPLETE OPERATIVE TEXT OF AMENDMENT 1]
Amendment 2, if needed — affected instrument, article, and section: [________________________________]
Exact existing provision to be changed: [________________________________]
I [REVOKE / REPLACE / ADD TO] that provision as follows:
[INSERT COMPLETE OPERATIVE TEXT OF AMENDMENT 2; DELETE THIS BLOCK IF UNUSED]
If a provision of the Will or an earlier codicil conflicts with an express amendment above, I intend this Codicil to govern to the extent of that conflict.
3. Testator's signature
I sign this Codicil willingly as my testamentary act. I intend the completed amendments above to take effect at my death.
Testator signature: ____________________________________
Printed name: [________________________________]
Date: [__/__/____]
4. Witness attestation
We each witnessed the Testator sign this Codicil or heard the Testator acknowledge the signature or this Codicil. Each of us signs within a reasonable time after that event.
| Witness | Signature | Date | Address |
|---|---|---|---|
| [WITNESS 1 FULL NAME] | __________________________ | [__/__/____] | [________________________] |
| [WITNESS 2 FULL NAME] | __________________________ | [__/__/____] | [________________________] |
5. Optional simultaneous self-proving affidavit
STATE OF [________________]
COUNTY OF [________________]
I, [TESTATOR NAME], the Testator, sign my name to this instrument this [____] day of [MONTH], [YEAR], and, being first sworn, declare to the undersigned authority that I sign and execute this instrument as a Codicil to my Will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my free and voluntary act for the purposes expressed in it; and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.
Testator signature: ____________________________________
We, [WITNESS 1 NAME] and [WITNESS 2 NAME], the witnesses, sign our names to this instrument and, being first sworn, declare to the undersigned authority that the Testator signs and executes it as the Testator's Codicil and does so willingly or willingly directs another to sign; that each of us, in the presence and hearing of the Testator, signs as witness to the Testator's signing; and that, to the best of our knowledge, the Testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.
Witness 1 signature: ____________________________________
Witness 2 signature: ____________________________________
Subscribed, sworn to, and acknowledged before me by [TESTATOR NAME], the Testator, and subscribed and sworn to before me by [WITNESS 1 NAME] and [WITNESS 2 NAME], witnesses, this [____] day of [MONTH], [YEAR].
Authorized officer signature: ____________________________________
Official capacity: [________________________________]
Official seal: [________________________________]
Sources and references
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- North Dakota
- Category
- Estate Planning & Wills
Legal authority
- N.D.C.C. § 30.1-08-01 (capacity)
- N.D.C.C. § 30.1-08-02(1) (witnessed execution)
- N.D.C.C. § 30.1-08-04(1) (optional simultaneous self-proving affidavit)
- N.D.C.C. § 30.1-01-06(64) (will includes codicil)
- N.D.C.C. § 30.1-08-07(1)(a), (4) (later will and supplementation)
Estate planning documents decide what happens to your property, your children, and your medical care when you cannot make those decisions yourself. Wills, trusts, powers of attorney, and health care directives each serve different purposes and each have to meet state law requirements for signing, witnessing, and notarization. A document that looks fine on the page but was not executed correctly can be rejected in probate, which is exactly when it is too late to fix.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.D.C.C. § 30.1-01-06(64) (checked October 3, 2026): ""Will" includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession."
N.D.C.C. § 30.1-08-01 (checked October 3, 2026): "Any adult who is of sound mind may make a will."
N.D.C.C. § 30.1-08-02(1) (checked October 3, 2026): "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) 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."
N.D.C.C. § 30.1-08-04(1) (checked October 3, 2026): "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 which execution occurs and evidenced by the officer's certificate, under official seal, attached or annexed to the will in substantially the following form."
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