Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a loved one passes away, verifying whether they left a valid will or other estate planning documents can guide the probate process. Under North Dakota law, wills and related instruments become public once filed with the county court. Here are the key steps:
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Search for a Filed Will in Probate Records:
- Contact the clerk of the district court in the county where the decedent resided. The clerk maintains records of all wills formally filed for probate. North Dakota’s probate rules require a will to be filed before or after the decedent’s death for probate to begin. See NDCC § 30.1-13-01 (Filing of instrument in probate).
- Provide the decedent’s full name, date of death, and any known aliases. The clerk can confirm whether a will is on file and provide certified copies if one exists.
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Check with the Decedent’s Attorney or Financial Institution:
- Review the decedent’s personal records for an attorney’s contact information. Many people keep their wills with the drafting attorney.
- Ask local banks or safe deposit box managers if the decedent maintained a box. A valid will is often stored there under NDCC § 30.1-13-03 (Preservation and discovery of will).
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Search Personal Records and Digital Accounts:
- Examine the decedent’s home, office, and digital devices for documents labeled “Last Will,” “Trust,” or “Power of Attorney.”
- Check email and cloud storage for scanned or electronic copies of estate planning documents.
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Investigate Other Estate Planning Documents:
- Trusts often remain private and do not automatically enter public record. Contact any professional fiduciary or trustee named in the trust documents.
- Powers of attorney and health care directives usually require separate filing only when activated. Review the decedent’s medical or financial files.
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File an Affidavit for a Lost Will (if necessary):
- If no will appears and you believe one existed, you can petition the court to admit a lost will under NDCC § 30.1-15-01 (Proof of a lost or destroyed will).
- This process involves presenting credible evidence of the will’s existence and content.
Helpful Hints
- Gather all contact details and personal files before approaching the court or institutions.
- Request certified court copies if you locate a will; uncertified copies may not suffice for probate.
- Keep a detailed log of people you contact and documents you review.
- Consider hiring a probate attorney if you face disputes or complex assets.
- Remember that trusts remain private; you may need court intervention to identify them.