Probate in North Dakota | ND Legal Resources | FastCounsel

Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? (ND)

Recovering personal items heirs removed before you took possession — North Dakota: detailed FAQ Detailed Answer — Can you recover items and enforce a court order in North Dakota? Short answer: Yes — you often can, but your available remedies and the steps you must take depend on (1) what the probate court found the […]

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What steps do I need to follow as executor to sell real property to pay estate debts? (ND)

How an executor in North Dakota sells estate real property to pay debts: a step-by-step FAQ Disclaimer: This article is educational only and is not legal advice. Laws change and every estate is different. Consult a North Dakota attorney or the probate court before taking action. Quick answer As the personal representative (executor) in North […]

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What Happens to a Safe Deposit Box After Someone Dies in North Dakota (ND)?

Quick answer When a safe deposit box renter dies in North Dakota, banks typically restrict access to the box until someone with legal authority—usually the decedent’s personal representative (executor or administrator) or a surviving joint renter—provides proof of authority. The box’s contents are part of the decedent’s estate unless the box is jointly rented with […]

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When Can an Executor Be Removed in North Dakota (ND)?

Can an Executor (Personal Representative) Be Removed in North Dakota? Detailed answer — When and how a North Dakota personal representative can be removed This answer explains, in plain language, when a court can remove an executor (called a "personal representative" in many states) under North Dakota law, who can ask the court to remove […]

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What Is "Probate in Common Form" in North Dakota (ND)?

Probate in Common Form — North Dakota Short answer: In North Dakota, "probate in common form" is the routine procedure by which a personal representative (often called an executor) files a decedent’s original will and a petition with the probate court to open an estate and obtain authority to gather assets and distribute them according […]

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Is probate administration required when there is no will in North Dakota (ND)?

Do you need probate administration if someone dies without a will in North Dakota? Short answer If a person dies without a will in North Dakota, probate may be required for assets that are solely in the decedent’s name and cannot pass automatically to others. Probate is the court process used to appoint a personal […]

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How can one close an estate bank account and obtain the required closing statement? (ND)

Closing an Estate Bank Account and Obtaining the Required Closing Statement in North Dakota This FAQ explains, in plain language, how a personal representative (executor or administrator) in North Dakota closes an estate bank account and obtains the required closing statement. This is educational information only and not legal advice. Detailed answer: Step-by-step process under […]

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How to Properly Document and File Receipts for Payments to Heirs or Service Providers in an Estate (ND)

Detailed Answer Short summary: When administering an estate in North Dakota, a personal representative (executor/administrator) should create an accurate, auditable paper trail for every payment made to heirs or to service providers. Proper documentation protects the estate, shows compliance with fiduciary duties, supports required court accountings, and reduces disputes. Below are step‑by‑step practices that align […]

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What steps ensure third-party claims and payments are accurately recorded in probate filings? (ND)

Detailed Answer When an estate goes through probate in North Dakota, third-party claims and payments (for example: creditor claims against the estate, insurance or contract payments made to the estate, and reimbursements from third parties) must be identified, documented, and reported accurately in the court filings so the personal representative (executor or administrator) can meet […]

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How can next of kin qualify to be appointed as the estate administrator in ND?

FAQ: How can next of kin qualify to be appointed as the estate administrator in North Dakota? Short answer: In North Dakota, next of kin (surviving spouse, children, parents, siblings, etc.) commonly qualify to be appointed as the estate administrator if they are legally competent adults, have a priority claim under North Dakota probate rules, […]

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