Detailed Answer
Under North Dakota law, locating assets held in multiple counties or states involves gathering records, consulting public databases, and following statutory procedures. The process often covers real estate, personal property, business interests and intangible assets. Below is a structured approach, illustrated by a hypothetical scenario.
Hypothetical: Sarah Thompson, a resident of Cass County, suspects her late aunt owned real estate in Morton County, had a security interest filed in Burleigh County, and maintained an unclaimed insurance policy in another state.
1. Review Personal and Estate Records
Begin by collecting deeds, titles, account statements, tax returns and wills. These documents may list addresses, parcel numbers or account numbers. For probate assets, check filings in the county where the decedent lived or owned real estate.
2. Search County Recorder and Register of Deeds
Real estate records reside with each county’s Recorder or Register of Deeds. In North Dakota:
- Search online where available, or request certified copies.
- NDCC § 47-21-02 governs recording requirements and indexing: 47-21-02.
Sarah locates a deed in Morton County showing her aunt bought land in 2010.
3. Check UCC and Security Interest Filings
Personal property subject to liens (equipment, vehicles) is often filed under the Uniform Commercial Code. In North Dakota, filings go through the Secretary of State.
- Search the online UCC database.
- NDCC § 10-02.1-21 details filing procedures: 10-02.1-21.
Sarah finds a UCC-1 financing statement from 2015 filed in Burleigh County.
4. Investigate Business and Corporate Records
Check whether the individual held interests in partnerships, LLCs or corporations:
- Search the North Dakota Secretary of State’s business entity database.
- NDCC Title 10 Ch. 33 covers business filings: 10-33.
5. Search Unclaimed Property Databases
Insurance proceeds, forgotten bank accounts and other intangible assets may be reported under the Unclaimed Property Act.
- Search the North Dakota unclaimed property portal.
- NDCC Title 32 Ch. 18: 32-18.
6. Consult Probate and Court Records
Probate filings often inventory assets. If a probate case exists, the county district court clerk can provide:
- Inventory schedules
- Bond applications
- Accountings
NDCC § 30.1-17-01 addresses inventory requirements: 30.1-17-01.
7. Extend the Search Across State Lines
For assets outside North Dakota:
- Use the relevant state’s online recorder or Secretary of State portal.
- Check each jurisdiction’s unclaimed property website.
- Consider hiring a local title company or private investigator.
Helpful Hints
- Keep detailed notes of searches, dates and reference numbers.
- Verify name variations, including initials and middle names.
- Use professional indexing services when public portals lack coverage.
- Contact county clerks by phone or email to confirm search procedures.
- Beware of statute of limitations for claiming unclaimed property.
Disclaimer
This article provides general information about North Dakota law. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.