Probate Process in North Dakota

What is Probate?

Probate is the legal process by which a judge appoints a Personal Representative to manage your estate, either through your Will or through a more formal process. The basic steps are determining whether the probate will be informal or formal and then filing an application with the court.

The court grants fiduciary duty to the Personal Representative of your estate to pay estate expenses and distribute your estate according to your wishes in your Will. If someone passes away without a Will, it is called intestate administration, and the North Dakota statutes will dictate how your estate will be distributed.

Following are the basic steps of a typical probate:

• Application submitted to the court which states who the heirs are, the decedent's date of death, and a request to appoint a specific individual as Personal Representative.
• The court appoints the Personal Representative, granting them fiduciary duty.
• The Personal Representative files notice to creditors.
• The Personal Representative settles any estate expenses.
• The Personal Representative prepares an inventory and appraisement of the decedent's assets as of date of death.
• The Personal Representative distributes the decedent's assets according to the Will or state law.