Detailed Answer

This explains how North Dakota courts typically handle wills that were executed in another state (an “out-of-state” will), and how long the process usually takes. This is general educational information and not legal advice; consult a licensed North Dakota attorney for guidance about a specific estate.

Basic rule under North Dakota law

North Dakota probate courts generally admit a will executed in another jurisdiction if it was valid where it was signed or if it complies with North Dakota formalities. The North Dakota Century Code contains the state probate rules; see the statutes governing wills and probate in Title 30 of the North Dakota Century Code: https://www.legis.nd.gov/cencode/title-30. For practical purposes the court will want to see either the original will or a properly authenticated copy and a certified death certificate before issuing letters testamentary or letters of administration.

Common scenarios and expected timelines

The total time to “get a will approved” (to open probate and receive authority to act as executor or administrator) varies by facts. Typical timelines in North Dakota are:

• Straightforward local probate with original out-of-state will on hand: 4–12 weeks. This assumes the petitioner files a complete petition, provides the original will, a certified death certificate, and there are no objections or complex asset issues.
• When the original will is in the other state and you must obtain an exemplified (court‑authenticated) copy: add 2–8 weeks to obtain and transmit the exemplified copy depending on the other state’s processing time and mailing.
• Ancillary probate only (the decedent’s domicile was another state but there is North Dakota real property or ND‑titled assets): 3–9 months. Ancillary matters require coordinating with the domiciliary estate and often involve additional filings and certified documentation from the other state’s court.
• Contested will or disputes among heirs/creditors: Many months to several years. Litigation, contested validity, will construction issues, or complex creditor claims greatly extend timelines.

Key factors that change timing

Expect the timetable to change based on:

• Whether the original signed will is physically available. Originals speed up admission.
• Whether a certified exemplified copy from the state where the will was executed is required.
• Whether assets are located only in North Dakota or also in the decedent’s domiciliary state (ancillary probate needed).
• Whether interested persons object to admission or to appointment of the personal representative.
• Completeness of filings (incomplete petitions cause delays); local court staffing and caseload.

Typical procedural steps (what the court will expect)

1. File a petition to probate the will in the appropriate North Dakota county court and pay filing fee.
2. Submit the original will if available, or an exemplified certified copy from the other state.
3. File a certified death certificate.
4. Provide the court with a list of heirs and beneficiaries and effect any required notice to interested persons and creditors.
5. If no timely objections, the court issues letters testamentary or letters of administration, giving the personal representative legal authority to manage estate assets.

Where to look in North Dakota law

North Dakota probate rules and statutes are in the North Dakota Century Code, Title 30 (Probate and Administration). For an overview of state probate statutes see: https://www.legis.nd.gov/cencode/title-30. For court procedures and local forms, check the North Dakota Judicial Branch website: https://www.ndcourts.gov.

Bottom line: If you have the original out-of-state will, a straightforward admission in North Dakota usually takes a few weeks to a few months. If you must obtain an exemplified copy, pursue ancillary proceedings, or if heirs object, expect additional months or longer.

Disclaimer: This explanation is educational only and not legal advice. For advice about a specific estate or to begin a probate case, speak with a licensed North Dakota probate attorney.

Helpful Hints

• Locate the original signed will if possible; courts prefer originals over copies.
• Obtain multiple certified death certificates as courts, banks, and other institutions will request them.
• If the original is in another state, contact the court there early to request an exemplified (authenticated) copy—this avoids ancillary delays.
• Prepare a simple inventory of known North Dakota assets (real estate, bank accounts, vehicles) to present with your petition.
• Notify likely heirs and beneficiaries promptly; proper notice can prevent default delays and surprises.
• Talk to the county probate clerk before filing—clerk staff can explain local filing requirements and typical processing times for that courthouse.
• Consider hiring a North Dakota probate attorney if the estate has real property, out-of-state assets, creditor issues, or potential family disputes.
• If you need quick access to a bank account to pay bills, ask the court (and an attorney can help) about emergency or temporary letters of administration.