Detailed answer — what to check and how North Dakota law works

If your grandparent has died and you need to figure out who the rightful heirs are and who now owns their property, start with paperwork and public records, then move to the courthouse if necessary. Below is a step‑by‑step approach tailored to North Dakota procedures and law.

1. Confirm whether there was a valid will

• Ask family members and any known attorney whether your grandparent left a will.
• Check safety deposit boxes, personal files, mail, and the decedent’s home for a signed will, codicils, or trust documents.
• If a will exists, the will typically names the person (executor or personal representative) who must start probate and distribute assets according to the will.

2. Check how the property is titled

• Go to the county Recorder/Register of Deeds where the property is located and pull the deed. Deeds are public records and will show current ownership and how the title is held (for example, individually, jointly with rights of survivorship, tenants in common, or in a trust).
• If the property is held jointly with a right of survivorship (commonly called joint tenancy or surviving joint owner), the surviving owner typically becomes sole owner automatically and that interest usually avoids probate.
• If the property is titled solely in your grandparent’s name, or as tenants in common, that interest usually passes through probate or by intestate succession if there is no will.

3. Search county and court records

• Search probate filings in the district court of the county where your grandparent lived. If someone has opened probate, you will find petition filings, appointment of a personal representative, inventories, and distribution documents.
• Search the county Recorder/Register of Deeds for any deed transfers, affidavits of heirship, or affidavits used to transfer small estates. Also review the county tax assessor’s records to see who is listed for property tax bills.
• North Dakota’s court system hosts local court information and guidance on probate. See the North Dakota Courts website for forms and procedure: https://www.ndcourts.gov

4. Understand intestate succession in North Dakota

If there is no valid will, state intestacy (statutory inheritance) rules determine heirs and who inherits property. Intestate succession generally follows this priority:

• Spouse and descendants (children or grandchildren) are primary heirs.
• If there is no spouse or descendants, property passes to surviving parents, then to siblings, and then to more remote relatives if none of the closer relatives exist.

To read the North Dakota statutes that govern wills, probate, and intestate succession, review the North Dakota Century Code and the probate sections on the North Dakota legislative website: https://www.legis.nd.gov/cencode

5. When the estate must go through probate

• If the property is solely in the decedent’s name or if assets exceed any thresholds for simplified procedures, someone will need to open a probate case in district court to have a personal representative appointed and to get legal authority to transfer title.
• Probate ends with a court order or a final distribution that shows who becomes the legal owner or how assets are distributed.
• Some smaller estates permit simplified procedures or affidavits to transfer personal property; whether real property can be transferred outside formal probate depends on the circumstances and local rules.

6. Documents that establish ownership or the right to transfer

• Death certificate — needed by the recorder, title companies, banks, and for probate filings.
• Recorded deed showing current title prior to death.
• Letters testamentary or letters of administration (issued by the court) — prove the representative’s authority to transfer property in probate.
• If the property was held in a trust, a copy of the trust will show successor trustee and how trust property passes (trust property generally avoids probate).

7. If ownership is unclear — practical steps

1. Obtain a certified copy of the death certificate from the state or local vital records office.
2. Order a title search or contact a title company — they will search chain of title and reveal recorded liens and transfers.
3. Visit the county Recorder/Register of Deeds and the county assessor or treasurer’s office for property tax and deed records.
4. Check district court probate records in the county of residence for any opened estate case.

8. When to open a probate case or seek court help

Open probate if the decedent owned real property in their name alone, if financial institutions demand court authority to transfer assets, or if heirs cannot agree on who inherits. Probate gives a clear legal title transfer (via court orders or a recorded deed made by the personal representative).

9. When to get professional help

• Hire a probate or estate attorney if the estate includes real estate, there are disputes among potential heirs, sizable debts exist, or the ownership chain is complicated.
• Title companies and real estate attorneys can help clear title problems (for example, missing heirs or decades‑old unrecorded transfers).
• A genealogist can help locate distant relatives if intestacy rules indicate heirs you can’t find.

For official North Dakota statutes and code relevant to wills, probate, and intestate succession, consult the North Dakota Century Code at https://www.legis.nd.gov/cencode and the North Dakota Courts website for probate forms and local procedures at https://www.ndcourts.gov.

Helpful Hints

• Start by gathering documents from the decedent’s home: deed, mortgage statements, tax bills, insurance policies, safe deposit keys, and any correspondence from an attorney or bank.
• Order multiple certified copies of the death certificate — you will need them for the recorder, banks, insurance companies, and the court.
• Search online county property records and the county assessor’s website; many North Dakota counties provide searchable portals for deeds and tax information.
• If you find a will, the person named as executor usually files it with the county district court in the county of the decedent’s last residence.
• If the title shows joint ownership with right of survivorship, check whether the surviving owner has already recorded an affidavit and death certificate to clear title.
• Be careful about quick transfers or signing documents until you know the legal effect — premature deeds or releases can create problems for heirs later.
• Keep careful records of contacts and documents you gather; you may need to produce copies to the court, title company, or other relatives.
• If the ownership chain is old or complicated, consider getting a title search or consulting a probate attorney early — resolving title problems later is more expensive.

Disclaimer: This article explains general North Dakota legal procedures for identifying heirs and determining property ownership after someone dies. It is for informational purposes only and is not legal advice. Laws change and each situation is different. For advice about your specific situation, consult a licensed North Dakota attorney or the district court clerk in the county where the decedent lived.