Detailed Answer

If a parent died owning assets in North Dakota and also owned real estate or other assets in another state, you will normally need to deal with the decedent’s affairs in two places: (1) administer the decedent’s estate in North Dakota (the decedent’s domicile) and (2) handle the out-of-state property through the other state’s process. Below are the key steps, explained in plain language and with practical next actions.

1. Find the will, get certified death certificates, and secure assets

• Locate any original will, trust documents, deeds, titles, beneficiary designations, and the decedent’s important account records.
• Order multiple certified copies of the death certificate from the Vital Records office where the death was registered. Courts, banks, and other institutions typically require certified copies.
• Secure the decedent’s home, car, safe-deposit box, and other property. Change locks if necessary and inventory valuables. Notify insurance companies where applicable.

2. Determine whether probate is required in North Dakota

Whether you must open a full probate administration depends on what the decedent owned in their name alone, the value of those assets, and whether those assets have beneficiary designations or passes by operation of law (joint tenancy, TOD/POD, trust). North Dakota courts provide probate procedures and forms; start at the North Dakota Courts probate page for local rules and forms: https://www.ndcourts.gov/legal-resources/probate. You may also review applicable North Dakota law through the North Dakota Century Code website: https://www.legis.nd.gov/cencode.

3. Open probate (if required) in the county where the decedent lived

• If there is a will, the named personal representative (executor) typically petitions the local probate court to be appointed and to receive letters testamentary.
• If there is no will, an heir can petition the court to be appointed as personal representative (administrator). The court issues letters of administration or letters testamentary that authorize the representative to act for the estate.
• Probate responsibilities typically include inventorying assets, paying valid debts and taxes, notifying heirs and creditors, and distributing assets according to the will or North Dakota intestacy rules.

4. Notify creditors and handle debts and taxes

The personal representative must identify and notify known creditors and follow the probate court’s procedure for claims. You must also gather records for income tax filings for the decedent and, if required, estate or inheritance tax filings. Consult a tax advisor for federal and state tax obligations.

5. Handle the out-of-state real property: ancillary probate or alternatives

Real estate titled in the decedent’s name in another state generally requires action in that state. Common options include:

• Ancillary probate: If the North Dakota personal representative needs to transfer or sell the out-of-state real estate, the representative often must open a separate, limited (ancillary) probate in the state where the property is located. That state’s court will typically require appointment of the North Dakota representative and issue local letters to permit transfer or sale.
• Non-probate title features: Check whether the property transfers automatically by joint tenancy, a transfer-on-death deed, beneficiary designation, or is held in a trust. If so, ancillary probate may not be needed.
• Short-cut procedures: Some states offer simplified procedures for small-value real property or allow admission of the out-of-state will for particular limited purposes. Check the other state’s probate rules.

Because rules and forms vary by state, you will usually need at least to consult a probate practitioner in the state where the property sits. That lawyer can file the ancillary probate petition and obtain the court authority required to convey title or authorize a sale.

6. Selling or transferring the out-of-state property

1. Confirm title and whether there are liens or mortgages.
2. Obtain the letters testamentary/letters of administration from North Dakota and have them authenticated if the other state requires it (some states require an apostille or exemplification).
3. File ancillary probate or provide the local court and title companies with the necessary certified documents to effect a sale or transfer.

7. Close the estate

After assets are collected, debts paid, and distributions made, the personal representative files a final accounting and petition to close the estate in North Dakota. If ancillary probate was opened in the other state, that court will also need any required closing filing.

When to hire attorneys

Consider hiring a North Dakota probate attorney if you face: a contested will or heirship disputes, complex or numerous assets, substantial out-of-state property, creditor claims, or tax issues. Also hire a local attorney in the state where the other property is located to handle ancillary administration, local filing requirements, and real estate conveyance.

North Dakota probate materials and local forms are available from the North Dakota Courts: https://www.ndcourts.gov/legal-resources/probate/forms. For statutory provisions and to look up specific probate statutes, use the North Dakota Century Code: https://www.legis.nd.gov/cencode.

Helpful Hints

• Get at least 10 certified death certificates right away; you’ll need them for banks, title companies, Social Security, and government agencies.
• Search the decedent’s mail and online accounts for notices, deeds, and beneficiary forms. A mailed or emailed statement often reveals a title or beneficiary arrangement.
• Do not distribute assets until you have authority from the court or all creditors’ claims are resolved or time for claims has expired.
• If the out-of-state property is small, check whether that state has a simplified or small-estate process to avoid full ancillary probate.
• Keep careful records and receipts for all estate transactions; the court will require an accounting when you close the estate.
• Ask the title company in the other state what documentation they require to transfer or sell the property; this will often tell you whether ancillary probate is needed.
• Consult a tax advisor about final income tax returns for the decedent and possible estate/fiduciary tax filings.
• If you cannot find a will but know heirs exist, hire counsel to help with filing an intestacy petition in North Dakota and to coordinate any necessary actions in the other state.

For more information about North Dakota probate procedures and local forms, visit the North Dakota Courts probate page: https://www.ndcourts.gov/legal-resources/probate. To read North Dakota statutes, start at the North Dakota Century Code: https://www.legis.nd.gov/cencode.

Final note: Multi-state estates raise procedural steps in each state where property is located. Protect the estate’s value and avoid delays by confirming the title status of out-of-state assets early and consulting counsel in each relevant state when necessary.