Probate is the court process that confirms who has authority to settle a person’s estate and makes sure debts are paid and property reaches the right people. Many families dread it. In North Dakota, it’s often more manageable than its reputation suggests.
North Dakota uses the Uniform Probate Code
North Dakota is one of the states that has adopted the Uniform Probate Code. In practice, many estates can go through informal probate, which is handled mostly through paperwork without regular court hearings. Formal probate, with a judge involved, is used when there’s a dispute or a question that needs a ruling.
The basic steps
- Filing the will, if there is one, and asking for a personal representative to be appointed
- Giving notice to heirs and publishing notice to creditors
- Gathering the assets and paying valid debts and taxes
- Distributing the remaining property and closing the estate
Creditors generally have a few months after notice is first published to bring their claims. That waiting period is one reason probate takes time, even when everything else goes smoothly.
How long it takes
A simple estate can often be settled in under a year. An estate with real estate in more than one state, a family business or disagreements among heirs can take longer.
Not everything goes through probate
Life insurance and retirement accounts with named beneficiaries, jointly owned property and property held in a trust usually pass outside probate. Very small estates may also qualify for a simpler process.
Ways to make it easier for your family
- Keep a current will and make sure your family knows where to find it
- Check the beneficiary designations on your accounts and update them after big life changes
- Ask whether a revocable living trust makes sense for you, especially if you own property in more than one state
- Keep a list of your accounts, insurance policies and important contacts
We help North Dakota families plan ahead so probate is as simple as possible, and we guide personal representatives through it when the time comes. Our estate planning services are provided in North Dakota only. Call us at 703-649-4848.
