How to Submit an Original Will to a North Dakota Probate Court When You Live Out of State

Quick answer: File for probate in the county where the deceased was domiciled. From out of state you can usually mail or courier the original will (preferably via registered or certified mail), have a North Dakota attorney file for you, or deliver the original in person through a local representative. Before sending the original, contact the county probate clerk to confirm local filing practices, required forms, and fees.

Detailed answer

This FAQ explains practical steps and legal considerations under North Dakota law for submitting an original will to a North Dakota probate court when you live outside the state. This is an overview for informational purposes only and not legal advice. Consult a North Dakota probate attorney for help with your case.

1. Which court has jurisdiction?

Probate normally occurs in the county where the decedent was domiciled at death. That county’s district court (probate division) handles admission of wills and appointment of a personal representative. If the decedent owned real estate in North Dakota but lived elsewhere, an ancillary probate may be needed in North Dakota for that real property.

For general statutes on estates and probate, see North Dakota Century Code, Title 30.1: https://www.legis.nd.gov/cencode/t30-1. For information and forms from the state court system, see the North Dakota Courts probate information: https://www.ndcourts.gov/legal-resources/probate.

2. What documents you will likely need to submit

• The original signed will (always send the original if available).
• Certified copy of the decedent’s death certificate.
• A probate or petition form asking the court to admit the will and appoint a personal representative. Counties may have local forms.
• A list of heirs and beneficiaries with contact information (as known).
• Filing fee (check county clerk or state site for current amounts).
• If the witnesses to the will are available, signed affidavits or testimony from witnesses may be required to prove proper execution, especially if the will’s execution is challenged.

3. How to submit the original will from out of state

1. Contact the probate clerk in the correct county. Ask whether the clerk accepts mailed originals, overnight courier, or requires in-person filing. Confirm the required forms, fees, and whether an appointment is recommended.
2. Send the original will and supporting documents by a trackable, secure method (registered mail, certified mail with return receipt, or a reputable overnight courier). Keep tracking and mailing receipts.
3. Consider sending the original with a short cover letter explaining what you are asking the court to do (admit will, appoint personal representative) and include your contact information. Keep copies of everything you send.
4. Alternatively, hire a North Dakota probate attorney to file for you. An attorney can file in person, represent you at initial hearings, and handle any proof of wills or witness issues.
5. If the original will cannot be located, notify the clerk immediately. North Dakota allows proof of lost or destroyed wills in many circumstances, but proving a lost will typically requires clear and convincing evidence and often witness affidavits.

4. Proof of execution and witness issues

North Dakota law requires that wills be properly executed to be admitted. If witnesses signed the will, their testimony or a properly prepared affidavit may speed the court’s admission of the will. If witnesses are unavailable, the court may accept other evidence of due execution, but that can make probate more complicated.

If the will was signed in another state, it can still be probated in North Dakota if the court is the proper forum. If witnesses must give testimony and they live out of state, their testimony can sometimes be presented by affidavit, deposition, or in-person at a hearing; ask the local clerk how they handle out-of-state witness testimony.

5. When ancillary probate might be necessary

If the decedent was domiciled in another state but owned real estate in North Dakota, you may need an ancillary probate in North Dakota to transfer title to that property. Ancillary probate is typically limited to property located in the state and works in addition to the primary probate proceeding in the decedent’s domicile.

6. Timing and deadlines

There is usually no single immediate deadline to submit a will for probate, but you should act promptly. Waiting can complicate notifying beneficiaries, preserving estate assets, and meeting creditor timelines. If a creditor’s claim period or a filing deadline is at issue, contact an attorney promptly.

7. Practical precautions when mailing an original will

• Use insured, trackable mail or courier services. Retain tracking receipts.
• Notify the clerk by phone or email that the original will is en route and provide tracking information.
• Keep several certified copies of the death certificate and retain clear photocopies of the will for your records.
• Ask the clerk whether the court will return the original will after admission or keep it in the court file. Practices vary by county.

8. When to hire a North Dakota attorney

Consider hiring local counsel if any of the following apply:

• The will may be contested by beneficiaries or heirs.
• The will is lost or there are questions about its execution.
• There is real estate in North Dakota requiring ancillary probate.
• You need help serving notice, managing estate assets from out of state, or navigating local court procedures.

9. Helpful resources

• North Dakota Century Code (Title 30.1 – Estates and Trusts): https://www.legis.nd.gov/cencode/t30-1
• North Dakota Courts — Probate information and forms: https://www.ndcourts.gov/legal-resources/probate
• Contact the district court clerk in the county where the decedent was domiciled (county clerk contact info is available on the North Dakota Courts website).

Helpful Hints

• Always send the original will unless a court tells you otherwise. Originals are usually required to admit a will to probate.
• Call the clerk first — each county may have slightly different local procedures and forms.
• Use insured and trackable delivery. Keep receipts and copies of everything you send.
• If witnesses live out of state, ask whether they can provide sworn affidavits to prove execution.
• Consider hiring a North Dakota probate attorney to avoid procedural errors that can delay the estate administration.
• If the decedent owned property in multiple states, expect primary probate in domicile state and possible ancillary proceedings elsewhere.
• Keep beneficiaries informed. Prompt communication can reduce disputes and speed administration.

Disclaimer: This article explains general legal concepts under North Dakota law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed North Dakota attorney.