Probate in North Dakota | ND Legal Resources | FastCounsel

How Do I Determine Who the Intestate Heirs Are of My Father's Estate in ND?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in North Dakota for advice specific to your situation. Detailed Answer When a person dies without a valid will in North Dakota, the estate passes by intestate succession under NDCC Chapter 30.1-03 (Intestate Succession). 1. Confirm Intestacy […]

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Does the Personal Representative Have to Provide a Copy of the Accounting in North Dakota?

North Dakota Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer North Dakota Statutory Requirements for Accountings Under North Dakota law, a personal representative must prepare and file an accounting with the court and serve it on interested persons. North […]

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How to determine what assets remain in an estate after paying debts and fees in North Dakota

Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer 1. Identify Probate Estate Assets Probate estate assets include real property, personal property, bank accounts, stocks, and business interests owned solely by the decedent. Non-probate transfers such as life insurance […]

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What Options Exist for a North Dakota Personal Representative with Limited Funds for Handling Creditor Claims?

Disclaimer: This article provides general information under North Dakota law. It does not constitute legal advice. Consult a qualified attorney for advice specific to your circumstances. Detailed Answer A personal representative in North Dakota with limited estate funds has several options for handling creditor claims. These strategies can help you manage debts without exhausting the […]

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How to Manage Estate Administration With Assets in Multiple Counties or Jurisdictions in North Dakota

Detailed Answer When an individual dies owning property in multiple counties within North Dakota or in other jurisdictions, executors face unique challenges. Under North Dakota’s Uniform Probate Code (NDCC Title 30.1), you can generally file a single primary probate in the decedent’s home county. Real estate and personal property in other North Dakota counties fall […]

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What documents are needed to complete a small estate affidavit for estate assets under North Dakota law?

Detailed Answer Under North Dakota law, you may use a small estate affidavit to transfer certain assets without formal probate when the total value of personal property does not exceed $100,000 and no personal representative has been appointed. See N.D.C.C. § 30.1-17.1-02. To complete the affidavit, you typically need the following documents: Certified Death Certificate: […]

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How to initiate the sale of estate property to satisfy creditor claims in North Dakota

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer Under North Dakota law, a personal representative (executor or administrator) may sell estate property when necessary to pay valid creditor claims. The process is governed primarily by N.D. […]

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What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in North Dakota?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Detailed Answer Under North Dakota law, a personal representative (executor or administrator) has authority to sell or auction estate personal property to pay debts, reimburse expenses, and ensure equal distributions. Key steps […]

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What procedures ensure estate expenses and creditor claims are addressed before distributing assets to heirs in North Dakota?

Detailed Answer When a person dies in North Dakota, a personal representative must follow specific steps to cover all estate expenses and creditor claims before distributing assets to heirs. North Dakota Century Code (NDCC) sets clear timelines and duties. Key steps include: Appointment of Personal Representative An interested party files a probate petition in district […]

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What information and documentation are required to verify all individuals with an interest in real property in North Dakota?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in North Dakota for guidance on your specific situation. Detailed Answer When verifying all individuals with an interest in North Dakota real property, title professionals and parties to the transaction typically gather the following information and documentation: […]

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