Proper estate planning means understanding your state’s probate laws or code. In North Dakota, this entails understanding the North Dakota Century Code. Because many people are under the mistaken impression that nuncupative or oral wills are valid in North Dakota, they are not engaging in proper estate planning.
Proper estate planning means taking necessary steps today to ensure that your loved ones inherit your property without unnecessary delay and without incurring unnecessary legal fees. This is especially true if you are suffering from a terminal illness. Even if you are currently well, the uncertain nature of a terminal illness requires that you at least contemplate drafting a written will. The same is true if you are one of the brave military soldiers or officers responsible for protecting the rest of our country. Because you may be called upon to serve your country at any time, proper estate planning means taking necessary steps beforehand to ensure that your will covers your loved ones.
Proper estate planning means knowing that nuncupative wills are invalid in North Dakota, regardless of whether you are suffering from a last illness or at war. The North Dakota probate courts will not admit an oral will into probate, regardless of the extenuating conditions that required using a nuncupative or oral will.