Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed North Dakota attorney for guidance specific to your situation.
Detailed Answer
1. Locating the Original Will
Under North Dakota law, the person in possession of the decedent’s original will—often a safe-deposit box, the decedent’s home, or the decedent’s attorney—must deliver it to the district court. If you believe the decedent stored the will with a lawyer, bank, or notary, start by contacting those entities.
2. Obtaining a Filed Copy from the Probate Court
If the original will has already been filed, you can request a certified copy from the clerk of district court where probate takes place—typically the county where the decedent lived at death. Provide the decedent’s name, date of death, and case number if known. Clerks may charge a small fee under N.D.C.C. § 30.1-16-02 (Fees for court services).
3. Submitting the Original Will to the Court
To begin probate, file a petition to admit the will under N.D.C.C. § 30.1-21-01 (Petition to admit will to probate). Attach the original will and any required filing fee. If you cannot locate the original, North Dakota allows admission of a lost or destroyed will if you present a certified copy, prove the will’s terms and execution, and explain the loss at a hearing. The court will schedule a hearing to take proof of the will under N.D.C.C. § 30.1-21-05 (Proof of will; hearing).
4. Meeting Deadlines and Notifying Interested Parties
File the petition promptly after locating the will. Once filed, the court issues letters testamentary or letters of administration, and you must serve notice on heirs and beneficiaries under N.D.C.C. § 30.1-21-03 (Service of notice). Missing deadlines can delay estate administration or lead to sanctions.
Helpful Hints
- Keep the original will in a fireproof, labeled container.
- Make at least two certified copies for safe-keeping.
- Confirm county court clerk office hours and fee schedules before visiting.
- Compile a list of all potential witnesses to the will’s signing.
- Inform beneficiaries and interested parties of the probate filing.
- Consult court rules for additional local requirements.