Best Online Will Maker in North Dakota 2026: UPC State, No Estate Tax

North Dakota offers one of the most streamlined estate planning environments in the country. As a Uniform Probate Code (UPC) state, North Dakota's will laws are clear, predictable, and designed for efficiency. There is no North Dakota state estate tax and no inheritance tax, making the Peace Garden State excellent for wealth transfer — including for agricultural families with farmland and Bakken oil and gas mineral interests that can represent substantial value.

Whether you're in Fargo, Bismarck, Grand Forks, or a rural township, making a valid will online in North Dakota takes under an hour. However, North Dakotans with mineral rights — particularly those with Bakken-related royalty or working interests — need specific attention to ensure those assets are properly addressed in their estate plans. This guide covers both the basics and the mineral rights planning nuances unique to North Dakota.

North Dakota Will Law: What's Required

Self-Proving Wills

North Dakota recognizes self-proving wills under NDCC § 30.1-08-04. A self-proving affidavit allows the will to be admitted to probate without the witnesses testifying. Strongly recommended for all North Dakota wills.

Holographic Wills

North Dakota recognizes holographic wills under NDCC § 30.1-08-02(2). A holographic will is valid if the testator's signature and material portions are in their handwriting. No witnesses required. A properly witnessed will with a self-proving affidavit is always the stronger option.

Electronic Wills

North Dakota has not enacted the UEWA as of 2026. Wills must be in written (printed/typed) form and physically signed. Remote online notarization (RON) is available in North Dakota for the self-proving affidavit.

North Dakota Will Requirements Checklist

North Dakota Probate: UPC District Court

Informal Probate Available

Probate in North Dakota is handled by the District Court in the county where the decedent resided at death. North Dakota's UPC adoption allows most estates to use informal probate — an administrative process without court hearings. The personal representative files an application, receives Letters Testamentary, and administers the estate with broad authority and minimal court oversight.

Small Estate Threshold: $50,000

North Dakota's small estate affidavit under NDCC § 30.1-23-01 applies when personal property does not exceed $50,000 (net of liens). Usable 30 days after death without formal court proceedings.

North Dakota Estate Tax: None

North Dakota has no state estate tax and no state inheritance tax. Only federal estate tax applies (2026 exemption: ~$13.61M/individual). For North Dakota agricultural and energy families, even estates with significant farmland and mineral rights may fall well below the federal threshold — but it's worth calculating, especially for larger Bakken-area mineral portfolios.

North Dakota Mineral Rights: Critical Estate Planning Issue

North Dakota's Bakken oil formation has created significant mineral rights wealth for thousands of North Dakota families, often unexpectedly. Mineral interests require careful attention in estate planning:

Types of Mineral Interests

• Mineral rights (fee interest): Ownership of the subsurface minerals — oil, gas, coal, hard minerals. May be owned separately from surface rights (severed mineral rights).
• Royalty interests: The right to receive a percentage of production from oil/gas wells on the property. A surface landowner who owns minerals typically retains a royalty when leasing to an oil company.
• Working interests: An operating interest in a well — the owner shares in production revenue but also shares in development costs. Different from a passive royalty interest.
• Overriding royalty interests (ORRI): A royalty interest carved out of a working interest — no cost sharing, just revenue participation.

Will Drafting for Mineral Rights

Mineral rights are real property in North Dakota and must be specifically addressed in your will:

• A general "all my real property" bequest may or may not convey severed mineral rights depending on prior severances and deed history — be explicit
• Mineral rights require the same legal descriptions as surface property for a specific bequest to be effective
• Consider whether to give surface and mineral rights to the same or different heirs
• Royalty income flows continue after death — designate who receives ongoing royalties clearly
• For complex Bakken mineral portfolios, consult a North Dakota oil and gas estate attorney

Best Online Will Services for North Dakota Residents

2026 Price Comparison: Online Services vs. ND Attorneys

Step-by-Step: Making a Valid Will in North Dakota Online

1. Assess your assets Do you have Bakken mineral interests, working interests, royalties, or complex farmland? If so, a North Dakota estate planning attorney should review your mineral interest estate plan alongside your online will. For standard estates, proceed directly.
2. Choose Trust & Will Will plan ($199) or trust plan ($299). The trust plan avoids ND probate and is valuable for farm and mineral succession privacy. Complete the questionnaire about assets, beneficiaries, executor, and healthcare preferences.
3. Be specific about real property When listing real property, specifically identify surface rights AND mineral rights separately if you own both. Don't assume a general "all my real property" clause will convey severed mineral rights.
4. Execute with two witnesses and a notary Print and sign in the presence of two witnesses. Both witnesses sign within a reasonable time. Complete the self-proving affidavit before a notary — remote online notarization is available. Holographic wills are valid but a witnessed will is always better.
5. Store safely and communicate Original in a fireproof safe. Give your executor a copy and tell them which District Court county handles probate. Review and update when you acquire or dispose of mineral interests or farmland.

Frequently Asked Questions