Simple Will - North Dakota

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

Made this [DAY] day of [MONTH], [YEAR]
County of [COUNTY] • State of North Dakota

TABLE OF CONTENTS

1. Recitals
2. Definitions

3. Operative Provisions
   3.1 Family Identification
   3.2 Payment of Debts & Expenses
   3.3 Specific Bequests
   3.4 Residuary Estate
   3.5 Appointment of Personal Representative
   3.6 Nomination of Guardian (If Applicable)
   3.7 Powers of Personal Representative
   3.8 Digital Assets

4. Representations & Warranties of Testator

5. Covenants & Restrictions (No-Contest)
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution & Attestation
11. Self-Proving Affidavit

1. RECITALS

I, [TESTATOR FULL LEGAL NAME], residing at [ADDRESS], being of legal age, of sound mind, and under no duress or undue influence, hereby declare this instrument to be my Last Will and Testament (the “Will”), revoking all prior wills and codicils.

2. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below.

“Children” means all of my biological or legally adopted children, whether now living or hereafter born or adopted.

“Descendants” or “Issue” means lineal descendants of a person of all generations, with the relationship of parent and child determined at each generation.

“Estate” means all probate assets wherever situated, together with all accretions, increases, and replacements thereof.

“Personal Representative” means the individual or institution appointed under Section 3.5 (including any Successor Personal Representative).

“District Court” means the District Court of the County of [COUNTY], State of North Dakota. North Dakota has no separate probate court; the district court has exclusive subject-matter jurisdiction over probate, guardianship, and testamentary matters, including construction of wills and determination of heirs and successors, under N.D.C.C. § 30.1-02-02.

3. OPERATIVE PROVISIONS

3.1 Family Identification

I am married to [SPOUSE NAME / “not married”].
I have the following children: [LIST CHILDREN / “none”].

3.2 Payment of Debts & Expenses

My Personal Representative shall first pay from my Estate:
a. All enforceable debts and obligations;
b. Funeral and burial expenses reasonably incurred; and
c. Costs of administration and estate taxes (if any).

3.3 Specific Bequests

I give the following specific gifts, free and clear of any encumbrances:
• [ITEM / AMOUNT] to [BENEFICIARY NAME].
• [ADDITIONAL BEQUESTS].

Any specific bequest that fails shall lapse into the Residuary Estate.

3.4 Residuary Estate

I devise, bequeath, and give all the rest, residue, and remainder of my Estate (“Residuary Estate”) to [PRIMARY RESIDUARY BENEFICIARY].
If [PRIMARY RESIDUARY BENEFICIARY] does not survive me, my Residuary Estate shall pass to [CONTINGENT BENEFICIARY] in equal shares per stirpes.

3.5 Appointment of Personal Representative

I nominate [PRIMARY PERSONAL REPRESENTATIVE] as Personal Representative of my Estate. If that person is unable or unwilling to serve, I nominate [SUCCESSOR PERSONAL REPRESENTATIVE]. No bond shall be required, consistent with N.D.C.C. § 30.1-17-03 (no bond is required of a personal representative appointed in informal proceedings absent a special administrator, a will requiring bond, or a qualifying interested-person demand for bond).

3.6 Nomination of Guardian (If Applicable)

If at my death any minor child is without a living custodial parent, I nominate [PRIMARY GUARDIAN] as Guardian of the person and estate of such child, with [SUCCESSOR GUARDIAN] as alternate, pursuant to N.D.C.C. § 30.1-27-02 (testamentary appointment of guardian of a minor). This appointment does not supersede the rights of any surviving parent and becomes effective only upon the guardian's filing of an acceptance with, and approval by, the District Court. The nomination remains subject to the objection procedure in N.D.C.C. § 30.1-27-07.

3.7 Powers of Personal Representative

In addition to the powers conferred by law, including those under N.D. Cent. Code § 30.1-18-15 (UPC 3-715), my Personal Representative shall have every power necessary or desirable to administer my Estate efficiently, including but not limited to:

1. Sell, lease, exchange, or otherwise dispose of real or personal property;
2. Continue any business in which I may have an interest;
3. Make investments and reinvestments;
4. Compromise, arbitrate, or settle claims;
5. Employ and compensate attorneys, accountants, and other professionals.

3.8 Digital Assets

I authorize my Personal Representative to access, control, and manage my digital assets and accounts, including any catalog of electronic communications, to the extent permitted under the North Dakota Uniform Fiduciary Access to Digital Assets Act, N.D.C.C. ch. 47-36. Pursuant to N.D.C.C. § 47-36-03, this Will constitutes my direction and consent, and a record of that consent for purposes of N.D.C.C. § 47-36-06, authorizing a custodian to disclose to my Personal Representative the content of my electronic communications, in addition to a catalog of such communications and my other digital assets, subject to any contrary direction I may separately give a custodian through an online tool.

4. REPRESENTATIONS & WARRANTIES OF TESTATOR

a. I represent that I have testamentary capacity and am executing this Will voluntarily.
b. I warrant that this Will expresses my entire testamentary intent.
c. I further represent that any prior testamentary instruments are hereby revoked.

5. COVENANTS & RESTRICTIONS (NO-CONTEST)

Should any beneficiary contest this Will or institute any other proceeding relating to my Estate, that beneficiary’s share—if any—shall be forfeited and shall pass as though such beneficiary had predeceased me.

Notwithstanding the foregoing, and pursuant to N.D.C.C. § 30.1-20-05, this forfeiture provision is unenforceable, and shall not be given effect, as to any beneficiary who institutes or joins a contest or other proceeding relating to my Estate for which probable cause existed at the time the proceeding was instituted.

6. DEFAULT & REMEDIES

Any dispute arising under or relating to the administration of my Estate shall be brought exclusively in the District Court, which has exclusive subject-matter jurisdiction over probate, guardianship, and testamentary matters under N.D.C.C. § 30.1-02-02. The court is empowered to issue injunctive or other equitable relief to preserve Estate assets pending final resolution.

7. RISK ALLOCATION

7.1 Executor (Personal Representative) Indemnity

My Estate shall indemnify and hold harmless the Personal Representative from any and all claims, liabilities, or expenses incurred in good-faith administration, except for losses resulting from the Personal Representative’s gross negligence or willful misconduct.

7.2 Limitation of Liability

Liability of the Personal Representative is limited to the assets of my Estate; no personal liability shall attach beyond Estate assets.

8. DISPUTE RESOLUTION

8.1 Governing Law: This Will is governed by the laws of the State of North Dakota.

8.2 Forum Selection: Exclusive jurisdiction and venue shall lie in the District Court for the County of [COUNTY], State of North Dakota (there being no separate probate court in North Dakota), pursuant to N.D.C.C. § 30.1-02-02.

8.3 Arbitration: Not applicable.

8.4 Jury Waiver: Formal proceedings under N.D.C.C. Title 30.1 are generally governed by the North Dakota Rules of Civil Procedure and tried to the court, except where a jury trial is available as a matter of right under N.D.C.C. § 30.1-02-06.1; any such jury is expressly waived to the fullest extent permitted by law.

9. GENERAL PROVISIONS

9.1 Severability: If any provision of this Will is determined invalid, the remaining provisions shall remain in full force and effect.

9.2 Headings: Section headings are for convenience only and shall not affect interpretation.

9.3 Gender & Number: Words of any gender include all genders; singular includes plural and vice versa as required by context.

9.4 Digital & Counterpart Execution: I authorize the reproduction of this Will in counterparts and the retention of electronic copies; however, only the original executed instrument shall be admitted to probate.

10. EXECUTION & ATTESTATION

I, [TESTATOR FULL LEGAL NAME], declare to the undersigned authority that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly, that I am of sound mind, and that I execute it as my free and voluntary act for the purposes expressed herein.

____________________________________
[TESTATOR FULL LEGAL NAME], Testator
Date: _________________________________

We, the undersigned witnesses, sign our names hereto in the presence of the Testator and of each other, at the Testator’s request, and we affirm that the Testator is eighteen (18) years of age or older, of sound mind, and executing this Will voluntarily.

11. SELF-PROVING AFFIDAVIT

(State of North Dakota • County of [COUNTY])

This affidavit is made in accordance with N.D.C.C. § 30.1-08-04 (self-proved will) to permit this Will to be admitted to probate without requiring the attesting witnesses to testify.

Before me, the undersigned authority, on this day personally appeared [TESTATOR NAME], [WITNESS #1], and [WITNESS #2], who, being first duly sworn, each on his/her oath, stated:

1. The Testator declared the instrument to be his/her Last Will and Testament and signed it (or had it signed) in the presence of the witnesses.
2. Each witness signed the Will in the presence of the Testator and of each other.
3. The Testator was at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.

____________________________________
[TESTATOR NAME], Testator

____________________________________
[WITNESS #1]

____________________________________
[WITNESS #2]

Subscribed, sworn, and acknowledged before me on this _____ day of __________, 20____.

____________________________________
Notary Public for the State of North Dakota
My Commission Expires: __________________