Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
When a loved one passes away in North Dakota, gathering the right documents and certificates is the first step in estate administration. Having these materials organized will streamline the probate process under North Dakota Century Code (NDCC) Chapter 30.1.
1. Death Certificate
Obtain multiple certified copies of the death certificate. You will file the original with the Register of Probate and provide additional certified copies to banks, insurance companies, and government agencies. North Dakota law requires death registration under NDCC § 23-03.1-04 (https://www.legis.nd.gov/cencode/t23-03-1#23-03.1-04).
2. Last Will and Testament (Original)
Locate the deceased’s original will, if one exists. Submit the original will to the court when you petition to open probate under NDCC § 30.1-06-03 (https://www.legis.nd.gov/cencode/t30-1-06#30.1-06-03). Look for any codicils or amendments.
3. List of Heirs and Beneficiaries
Compile a list of all heirs and beneficiaries with full names, addresses, and relationships to the decedent. This list helps the court determine who is entitled to notice and inherit property.
4. Asset Inventory Documents
- Real Estate Deeds: Property descriptions and deeds.
- Bank and Investment Statements: Account summaries as of date of death.
- Retirement and Pension Statements: 401(k), IRA, pension statements.
- Life Insurance Policies: Policy documents, beneficiary designations.
- Vehicle Titles: Motor vehicle and boat titles.
5. Outstanding Debts and Tax Records
Gather bills, credit card statements, mortgage information, and federal and state tax returns for the last three to five years. This information is essential for preparing the decedent’s final income tax return and the estate tax return, if required.
6. Personal Identification Documents
Include the decedent’s Social Security card, driver’s license or ID card, marriage certificates, divorce decrees, and any adoption records. These documents establish identity and marital status.
7. Corporate and Business Records
If the decedent owned a business or held shares in a corporation or partnership, collect stock certificates, operating agreements, partnership agreements, and corporate minutes.
8. Legal and Financial Authorizations
Copy any durable power of attorney, health care directive, or trust documents. Although these may not always be probated, they assist in asset management and distribution.
Helpful Hints
- Create a secure binder or digital file for all documents.
- Obtain at least five certified copies of the death certificate—some institutions require multiple originals.
- Review bank and investment accounts for payable-on-death or transfer-on-death designations.
- Contact the Register of Probate in the county where the decedent lived for specific filing requirements.
- Keep copies of every document you submit to the court and agencies.
- Consider hiring a probate attorney if the estate includes complex assets or potential disputes.