Short answer

If a person dies without a will in North Dakota, probate may be required for assets that are solely in the decedent’s name and cannot pass automatically to others. Probate is the court process used to appoint a personal representative (often called an administrator for intestate estates), pay debts and taxes, and transfer title to heirs under North Dakota law. Some assets avoid probate entirely (for example, joint tenancy property, assets with a valid beneficiary designation, or assets held in a trust), and North Dakota provides simplified procedures for certain small estates.

Detailed answer — how this works under North Dakota law

When someone dies without a valid will (intestate), North Dakota’s probate system decides who will manage the estate and who receives any probate assets. The main points to understand are:

1. What “probate” means

Probate is the court-supervised process to (a) identify and collect a decedent’s assets that are in the decedent’s sole name, (b) pay valid claims and taxes, and (c) distribute the remaining property according to statutory rules of intestate succession. The court issues letters of administration to the person appointed to handle those tasks.

2. Not every death requires a full probate

Many assets never enter probate because they pass outside the probate estate by operation of law or by contract. Common non-probate transfers include:

• Property held in joint tenancy with right of survivorship;
• Accounts or assets with payable-on-death (POD) or transfer-on-death (TOD) designations;
• Life insurance proceeds and retirement accounts with designated beneficiaries;
• Property owned by a revocable living trust.

If the decedent’s assets are entirely non-probate, no formal probate administration may be needed. Family members or beneficiaries can instead present beneficiary designations or ownership documents to institutions to claim assets.

3. Small estate procedures and simplified administration

North Dakota law provides simplified methods to transfer small estates or certain personal property without full probate. These procedures typically impose a dollar-value limit and may require an affidavit signed by an heir or beneficiary. Before using any simplified route, confirm eligibility and the correct form or affidavit with the court or clerk’s office.

4. When full probate administration is required

Full probate administration is likely required when:

• The decedent held significant assets solely in their name and title must be changed;
• Creditors need to be notified and paid from estate funds;
• Third parties (banks, county recorder, or other agencies) insist on court orders to transfer assets;
• There are disputes among potential heirs about who should receive property or who should administer the estate.

5. Who is appointed and how property is distributed

For intestate estates, North Dakota’s probate courts appoint a personal representative (administrator) according to statutory priority rules. That personal representative collects assets, pays debts and taxes, and distributes the remaining property to heirs under North Dakota’s intestacy rules. If you want to read North Dakota’s statutes and probate code, you can start at the North Dakota Century Code and the state court resources: North Dakota Century Code and North Dakota Courts. These sources explain appointment of administrators and intestate succession in detail.

6. Practical examples (hypotheticals)

Example A — Small non-probate estate: Maria dies leaving a bank account with a designated beneficiary and a jointly owned home with right of survivorship. Because the bank account passes to the named beneficiary and the home automatically vests in the surviving joint owner, no probate administration may be necessary.

Example B — Solely titled property: John dies owning a single-family house and a brokerage account solely in his name, no beneficiary designations, and no joint owners. The heirs will likely need to open a probate case. The court will appoint an administrator who will settle debts and distribute property according to intestacy rules.

7. Costs, timing, and complexity

Probate costs and time vary with estate complexity. Simple estates may close in a few months; complex or contested estates can take a year or more. Probate involves filing fees, possible attorney fees, notice to creditors, and court filings. Weigh the value of probate assets and potential disputes when deciding whether to pursue administration.

How to determine whether probate is required in your situation

1. Inventory assets and check titles: identify which assets are solely in the decedent’s name, jointly owned, held in trust, or have beneficiary designations.
2. Check for a will or trust: even a will may require probate; trusts usually avoid probate.
3. Contact institutions (banks, retirement plans, insurers): ask whether a beneficiary or joint owner can claim the asset without probate.
4. Ask the county or district probate clerk about small estate rules and required forms for North Dakota.
5. Consider whether there are creditors, disputes, or real property that requires court-ordered title transfer; if so, probate or administration will likely be necessary.

Helpful Hints

• Start by locating the decedent’s original will and any trust documents — an estate often goes much more smoothly with those documents.
• Gather ownership documents: deeds, bank and investment statements, life insurance policies, and account beneficiary forms.
• Check beneficiary designations carefully — retirement accounts and life insurance pass according to their beneficiary designations even if a will says otherwise.
• Ask the probate clerk or court website whether your estate qualifies for small estate procedures before filing a full probate petition.
• If the estate includes real estate, expect to need a probate order or court documents to change deed records unless title passes automatically.
• Keep careful records of payments to creditors and distributions to heirs; the administrator has fiduciary duties and will usually be accountable to the court.
• If heirs disagree about distribution or if you expect creditor claims, consult an attorney experienced in North Dakota probate law.