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Detailed Answer

Discovering an old will decades after it was signed raises unique challenges. North Dakota law allows late probate of wills, but you must provide clear proof of authenticity and follow court procedures under Title 30.1 of the North Dakota Century Code.

1. Locate and Preserve the Original Will

Keep the original document safe, ideally in a sealed envelope. Courts require the signed will—not a photocopy—to establish authenticity.

2. Gather Witness Evidence

Under N.D.C.C. § 30.1-03-05 (Link), a will must be proved by the testimony of at least one attesting witness or by other admissible evidence if witnesses are unavailable:

• If an attesting witness is still alive and competent, obtain a sworn affidavit or live testimony about signing and execution.
• If witnesses have died or cannot be located, gather secondary evidence such as deposition transcripts, affidavits from family members recounting their recollection, or expert handwriting analysis.

3. File a Petition for Probate

File a petition in the district court of the county where the decedent lived at death, under N.D.C.C. § 30.1-05-01 (Link). Your petition must include:

• The original will (if available) and any codicils.
• Certified death certificate of the decedent.
• Names and addresses of heirs and beneficiaries.
• A statement of your interest (e.g., as executor named in the will).

4. Provide Notice to Interested Parties

North Dakota law requires you to notify all heirs, beneficiaries, and creditors of the probate proceeding. Serve notice by mail and publish in a local newspaper. This protects due process rights and gives parties a chance to contest.

5. Attend the Probate Hearing

At the hearing, present your proof of authenticity. If the court finds the evidence sufficient, it will admit the will to probate and issue Letters Testamentary or Letters of Administration with will annexed.

6. Administer the Estate

As executor, you must inventory assets, pay valid debts, file tax returns, and distribute property per the will’s terms. Close the estate by filing a final accounting and petition for discharge.

Helpful Hints

• Start gathering evidence promptly to preserve witness memory.
• Check county courthouse records for ancillary documents like codicils.
• Use certified mail and keep proof of service for all notices.
• Maintain a detailed file of receipts, inventories, and correspondence.
• Consult local court clerks for specific procedural forms and deadlines.