Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Venue for Original Estate Administration
North Dakota law requires that proceedings to open a decedent’s estate by probating a will or appointing a personal representative occur in the district court of the county where the decedent was domiciled at the time of death. See NDCC §30.1-16-02. If the decedent was not domiciled in North Dakota, venue lies in a county where the decedent owned real property or where the majority of estate assets are located.
Venue for Ancillary Probate
If a decedent held property in North Dakota but was domiciled elsewhere, you must initiate an ancillary probate proceeding. Under NDCC §30.1-16-05, file in the county where the property is located.
Transferring Venue Within North Dakota
An interested party may petition the court for a change of venue to another county when proper cause exists, such as convenience of parties or witnesses. See NDCC §30.1-17-05. The court will evaluate whether the transfer promotes efficient administration of the estate.
Helpful Hints
- Confirm the decedent’s domicile by reviewing their last tax return, voter registration, or driver’s license.
- Inventory real and personal property to identify where assets are located.
- Contact the district court clerk in the chosen county to verify filing fees and local forms.
- Observe statutory deadlines for opening probate or ancillary proceedings.
- Serve notice to creditors and heirs and file proof of service with the court.
- Consult a licensed attorney for guidance on complex jurisdictional or procedural matters.