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
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.

[// GUIDANCE: North Dakota’s governing statute for will execution is N.D. Cent. Code § 30.1-08-02 (UPC 2-502).]

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).

“Probate Court” means the District Court of the County of [COUNTY], State of North Dakota, exercising probate jurisdiction.

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.

[// GUIDANCE: Omit this subsection if no specific gifts are intended.]

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.

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.

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.

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 proceeding to invalidate any provision herein, that beneficiary’s share—if any—shall be forfeited and shall pass as though such beneficiary had predeceased me.

[// GUIDANCE: Enforceability of in-terrorem clauses may vary; North Dakota courts generally uphold clear, unambiguous forfeiture provisions absent probable cause.]

6. DEFAULT & REMEDIES

Any dispute arising under or relating to the administration of my Estate shall be brought exclusively in the Probate Court. 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 Probate Court.

8.3 Arbitration: Not applicable.

8.4 Jury Waiver: Matters of probate in North Dakota are tried without a jury absent statutory right; any 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])

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: ______

[// GUIDANCE:
1. Verify witness eligibility—must be competent adults; advisable they be disinterested.
2. Use precise legal names and full property descriptions for real-property bequests.
3. Store executed original in a secure, readily locatable place; advise Personal Representative of its location.
4. Consider adding a separate tangible personal property list under N.D. Cent. Code § 30.1-08-03 if desired.
5. Review titling/beneficiary designations for non-probate assets (e.g., TOD deeds, POD accounts) to ensure coordination with this Will.]