Mutual Wills Package with Last Wills and Testaments for Married Couple with Adult and Minor Children - North Dakota 2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering your name in Field [1] and your county of residence in Field [3].
  3. In Article One, input your spouse's name in Field [4] and list your children's names and dates of birth in Fields [5]-[12].
  4. For Article Three, specify any specific property you wish to bequeath. If none, type 'none' in the designated fields.
  5. In Article Four, enter your spouse's name again for the homestead designation.
  6. Continue through Articles Five to Eleven, filling out each field as required, including naming a personal representative and guardian for minor children.
  7. Review all entries carefully before printing. Ensure that you sign the document in front of two witnesses.

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Mutual Wills are wills made by spouses or partners at the same time, together with a contract to which they are both parties. In the contract the spouses (or partners) each agree to be legally bound not to change their respective wills without each others consent.
Similarly, North Dakota does not recognize common-law marriage. In fact, North Dakota abolished the practice in 1890, making it one of the earlier states to do so.
A mutual Will is a Will written by two people. However, unlike a mirror Will, both parties are in agreement that they will not amend or revoke the Will, even if one of the parties passes away.
The main problem is that there is no real duty imposed upon the survivor to account for the assets of the first die, and if the will is not drafted properly, the trust created on the death of the first to die may include assets later acquired by the survivor which cannot be given to anyone other than the beneficiaries
For example, Mr and Mrs Smith draw up mutual Wills at the same time, initially leaving their entire estate to each other. Both Wills go on to state that, following the death of the second spouse, all assets will go to their children.

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To make a valid will in North Dakota, you must be at least 18, have a sound mind, put your will in writing, and sign it in front of two witnesses or a notary public.

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