Probate in North Dakota | ND Legal Resources | FastCounsel

Can a Prenuptial Agreement Affect a Life Estate or Your Inheritance in North Dakota?

Can a prenuptial agreement affect life estate provisions or an heir's share under North Dakota law? Clear, practical guidance about how prenuptial agreements interact with estate plans and what to do when a personal representative refuses to share documents. Short answer Yes — in North Dakota a valid prenuptial (premarital) agreement can change the property […]

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North Dakota: Confirming an Executor's Calculation of Your Share from a Sibling's House Sale

Detailed Answer Short overview: If you inherited a portion of a sibling’s home under North Dakota law and the house was sold as part of probate, you have the right to review the executor’s accounting and supporting documents to confirm your percentage share. North Dakota probate law gives the court authority to supervise estate administration […]

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Selling a Deceased Parent’s House During Probate in North Dakota: Mortgage Issues Explained

Can you sell a deceased parent's house during probate if a mortgage remains? Short answer: Often yes, but you must handle the mortgage, follow North Dakota probate rules, and likely get court approval or lender cooperation before closing. Detailed answer — how selling works in North Dakota When someone dies leaving real estate and a […]

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North Dakota: Do You Have to Publish a 3‑Month Notice to Creditors Before Selling a Deceased Parent’s House?

Do you need to publish a 3‑month notice to creditors before selling your mother’s house in North Dakota? Detailed answer — how North Dakota handles small estates and creditor notices Short answer: Often, yes — but usually the small‑estate affidavit process does not let you sell real estate. In North Dakota, the procedures that let […]

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Proving Motor Vehicle Value for Probate in North Dakota

Proving the Value of a Decedent’s Vehicles for Probate in North Dakota Disclaimer This article is educational only and does not provide legal advice. I am not a lawyer. For legal guidance specific to your situation, consult a licensed North Dakota attorney. Detailed Answer — How to establish the value of your mother’s vehicles during […]

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Proving the Value of Vehicles During Probate in North Dakota

Detailed Answer This guide explains how a personal representative (executor or administrator) can prove the fair value of motor vehicles that are part of a decedent’s estate under North Dakota law during probate. It explains practical steps, typical evidence courts accept, and what to do when beneficiaries disagree. This is general information and not legal […]

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North Dakota: How to Be Appointed as a Limited Personal Representative in a Small Estate

How to use North Dakota's small‑estate process to get appointed as a limited personal representative and run a notice to creditors and sell real property Quick answer: In North Dakota you normally start by confirming the estate qualifies for the small‑estate or simplified procedure, then file the required affidavit or petition with the county court […]

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North Dakota — What Happens to Your LLC Share When You Die

What happens to an LLC member’s share if the operating agreement is silent? This FAQ explains what typically happens under North Dakota law when an LLC operating agreement does not address what occurs to a member’s LLC interest at death. It assumes no special facts and gives practical steps you can take. This is educational […]

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North Dakota: Proving a Zero Balance and Formally Closing a Spouse’s Estate

Detailed Answer Quick summary: To prove a zero balance and formally close a spouse’s estate in North Dakota, you must identify whether the matter requires a small-estate/summary procedure or formal probate, gather and file required documents with the court, notify creditors and heirs, pay valid debts and taxes (or show none exist), file a final […]

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Using a Small‑Estate Affidavit in North Dakota: Can You Avoid Formal Probate for an Intestate Estate?

Using a Small-Estate Affidavit in North Dakota: Can You Avoid Formal Probate for an Intestate Estate? Short Answer Possibly. In North Dakota, you may be able to collect and distribute certain personal property of a deceased person without opening a full probate administration by using statutorily authorized summary procedures (often called a small‑estate collection affidavit […]

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