Detailed Answer

Short answer: In North Dakota, real property that a decedent leaves in a valid will generally passes only after the will is admitted to probate in district court. Even when the estate does not require full administration of all assets and creditors, there are streamlined probate procedures that let beneficiaries obtain clear title to real estate. The exact documents and steps vary with the facts, but the common pattern is: admit the will to probate, obtain court authority (and often letters testamentary or a certified copy of the order), then record the court documents and/or a deed to complete the title transfer.

Why probate is usually required to transfer real estate

Real property is part of a decedent’s estate. Most North Dakota county recorders and title companies look for a court action showing the will was validly admitted to probate and someone has legal authority to act before they accept a deed or change the property ownership record. Unlike some personal items that can be transferred by small‑estate affidavits, land typically requires probate or a court order that recognizes the will and authorizes transfer.

Typical steps to transfer real property under a will in North Dakota

1. Locate the original will. The original signed will (not a copy) should be filed with the district court in the county where the decedent was domiciled at death.
2. File a petition to probate the will. A petitioner (often the person named as executor in the will, or an interested person such as a devisee) files a petition with the district court requesting admission of the will to probate. The petition asks the court to (a) admit the will, and (b) either appoint the named executor (personal representative) or allow probate without full administration where appropriate.
3. Notice and opportunity to object. North Dakota procedure requires notice to interested persons and may require publication. Interested persons (heirs, beneficiaries, creditors in some cases) have the chance to object to admission of the will or to the proposed administrator.
4. Court action—admission of the will. If the court admits the will to probate, it will issue a court order (and usually letters testamentary or similar proof of authority). In straightforward cases the court can permit a simplified or limited probate where the court’s primary action is to establish the will’s validity and identify the person authorized to transfer the real property.
5. Use the court’s documents to clear title. A certified copy of the order admitting the will (and the letters testamentary, if issued) is the usual document recorded in the county land records. Sometimes the personal representative will execute a deed to the devisee(s); that deed is then recorded. Title companies commonly accept a certified probate order plus a deed or an affidavit from the personal representative to update the title.

When a simplified or limited probate (“probate without full administration”) is appropriate

When the decedent’s estate has no significant personal property, no unresolved creditor claims, and the only asset needing the court’s involvement is real property, the court may allow a limited/simplified probate focused on transfer of the real estate. This avoids full estate administration (inventory, notice to creditors, distribution accounting) but still gives the legal proof needed to change title records.

Common complications

• Mortgages and liens: Outstanding mortgages or liens remain attached to the property until paid or released. A title company will check for these encumbrances and will not issue clear title until they are resolved.
• Spousal rights and homestead claims: North Dakota law protects certain rights of a surviving spouse or minor children that can affect how or whether property passes under a will.
• Missing or contested wills: If the original will cannot be found, or heirs contest the will, admission becomes more complex and may require full probate litigation.
• Creditor claims: If the estate has debts, the court may require some administration to ensure creditors’ rights before real property is transferred.

What documents typically get recorded to change ownership

The most common recorded items used to update the deed records are:

• a certified copy of the court order admitting the will to probate;
• letters testamentary or similar certificate showing who is authorized to act for the estate;
• a deed executed by the personal representative conveying the property to the devisee(s);
• affidavits required by the county recorder or title company to clear particular issues.

Recording requirements and practice vary by county; many counties and title companies will guide you on the exact documents they require.

Where to find North Dakota statutes and forms

District court probate practice and forms are administered by the North Dakota Judicial Branch and the North Dakota Century Code contains the statutory rules governing decedents’ estates. Helpful starting points:

• North Dakota Judicial Branch (probate resources and forms): https://www.ndcourts.gov
• North Dakota Century Code (search statutes and chapters covering decedents’ estates): https://www.legis.nd.gov

Helpful Hints

• Keep the original will safe. The original document is essential for most probate filings.
• If you are named executor, contact the district court clerk in the county where the decedent lived to get local probate filing instructions and forms.
• Obtain several certified copies of the court’s probate order—county recorders and other agencies often require certified copies.
• Check the county land records and the local assessor for mortgages, liens, and taxes before attempting a transfer.
• If the estate appears to have little or no personal property, ask the court clerk whether a simplified probate or a limited proceeding will work to transfer real property; this can save time and expense.
• Title companies are practical partners—consult a title company early to learn what documents they will accept to clear title.
• Keep careful records and receipts if the personal representative must pay debts or expenses from estate funds; even in limited probates you may need to account for payments later.
• When in doubt, get legal help. If the will is contested, there are creditors, or the property has complicated encumbrances (tax liens, mortgages, boundary disputes), an attorney experienced in North Dakota probate law can help avoid costly mistakes.

Practical timelines and costs: A straightforward limited probate for the sole purpose of transferring land may be completed in a few weeks to a few months depending on court schedules and whether notice periods apply. Filing fees, certified copy fees, possible publication costs, and title company/service fees are common expenses. Attorney fees vary with complexity.

Final note and disclaimer: This article explains general principles about transferring real property by will under North Dakota procedures. It is educational only and not legal advice. For guidance that applies to your specific facts, contact a North Dakota attorney or the district court clerk in the county where the decedent lived.