Detailed Answer
In North Dakota, a probate estate opens when someone files a petition with the district court in the decedent’s county of residence under NDCC § 30.1-06-01. To confirm if an estate has been opened, follow these steps:
- Identify the county: Determine the county where the decedent lived at death. Estates open in that county’s district court.
- Search the clerk’s index: Visit the clerk of district court’s office in person or online. Request the Register of Actions or civil index for probate cases under the decedent’s name.
- Use online case search: Access the North Dakota Courts Electronic Filing System or the case search portal at NDCourts.gov. Enter the decedent’s name to view filings, docket entries, and case numbers.
- Review probate notices: Check archives of local newspapers where probate notices appear. Courts require publication under NDCC § 30.1-06-14.
- Contact the court clerk: Call or email the clerk’s office with the decedent’s full name and date of death to confirm any pending probate case and obtain case details.
Once you locate a case number, request copies of the petition or Letters Testamentary to verify the estate’s status. North Dakota courts maintain public records, so most filings remain accessible unless sealed by court order.
Helpful Hints
- Gather the decedent’s full legal name and date of death before searching.
- Confirm the decedent’s last county of residence; this is where probate will be filed.
- Some district courts limit online access; you may need to visit the courthouse in person.
- Probate petitions list heirs and the appointed personal representative.
- Courts may charge nominal fees for copies of case documents.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.