What Information and Documents Should Be Gathered Before the Decedent’s Passing to Streamline Probate in North Dakota?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.

Detailed Answer

Gathering key information and documents before a loved one passes can significantly streamline the probate process under North Dakota law. Probate is the court-supervised procedure that validates a will, appoints a personal representative, and supervises distribution of assets. Advance preparation reduces delays, minimizes legal fees, and lowers the risk of disputes.

1. Personal and Family Information

  • Full legal names, dates of birth, social security numbers, and contact details for the decedent, spouse, children, and other beneficiaries.
  • Certified copies of birth certificates, marriage certificates, and divorce decrees.
  • Adoption papers or legal name-change documents, if applicable.

2. Estate Planning Documents

  • Original will and any codicils. Ensure the document meets North Dakota’s execution requirements: two witnesses and a handwritten or typed signature (NDCC 30.1-03-03).
  • Trust agreements, if a revocable or irrevocable trust exists.
  • Durable power of attorney and health care directives (advance directives or living will).
  • Beneficiary designations for life insurance policies, retirement accounts, IRAs, and 401(k)s.

3. Financial Account Records

  • Bank and credit union statements (checking, savings, money market).
  • Investment account statements (brokerage, mutual funds, stocks, bonds).
  • Safe deposit box inventory, location, and access keys or codes.
  • Digital asset inventories: online accounts, cryptocurrency wallets, and passwords.

4. Real Property Documentation

  • Deeds and land records for real estate—primary residence, vacation homes, rental properties.
  • Mortgage statements and payoff information.
  • Homeowners’ association documents, leases, or rental agreements.

5. Personal Property and Valuables

  • Vehicle titles and registrations.
  • Appraisals or receipts for jewelry, art, collectibles, and other high-value items.
  • Information on business interests, partnerships, or ownership in closely held corporations.

6. Debts and Liabilities

  • Credit card statements and outstanding balances.
  • Personal loans, lines of credit, and promissory notes.
  • Medical bills, tax liens, and funeral or burial prepayment contracts.

7. Tax Information

  • Federal and North Dakota income tax returns for the last three to five years.
  • Estate tax filings, if applicable, and documentation of gift tax returns.

By assembling these records, a personal representative can:

  • File the will promptly with the county court.
  • Request appointment from the court without repeated document requests.
  • Use the small estate affidavit procedure if the estate’s personal property does not exceed $100,000 (NDCC 30.1-22-03).
  • Provide clear beneficiary designations to non-probate assets.

Helpful Hints

  • Review and update documents every two years or after major life events (marriage, birth, divorce).
  • Keep originals in a secure location and provide copies to your attorney or personal representative.
  • Use a centralized checklist or organizer to track documents and passwords.
  • Consider digital vault services for secure online storage of scanned documents.
  • Inform family members or your designated agent about the document location and access instructions.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.