Detailed Answer

Short answer: In North Dakota, assets that transfer automatically at death by right of survivorship (for example, joint tenancy with right of survivorship or a properly designated pay‑on‑death/transfer‑on‑death beneficiary) generally pass outside probate and are not part of the decedent’s probate estate. They usually do not need to be listed on the probate inventory as assets of the estate. However, there are important exceptions and practical reasons to identify these assets for the court, creditors, and heirs.

How right‑of‑survivorship and nonprobate transfers work

When property is owned jointly with a right of survivorship, the surviving joint owner(s) automatically become the sole owner(s) at death. Common examples include:

• Bank or brokerage accounts titled as joint tenants with right of survivorship
• Real estate titled as joint tenants or tenants by the entirety
• Accounts or policies with named beneficiaries (payable‑on‑death, transfer‑on‑death, life insurance, retirement accounts)

Because these assets pass by operation of law (outside probate), they are not ordinarily considered assets of the probate estate that the personal representative must collect and administer.

North Dakota procedure and where to look

North Dakota probate law sets out duties for personal representatives and the probate process in Title 30 of the North Dakota Century Code. The probate court and local rules explain how inventories and accountings are handled. For an overview of the probate code, see the North Dakota Century Code—Title 30 (Probate): https://www.legis.nd.gov/cencode/t30. For practical court forms and procedure, see the North Dakota Courts probate resources: https://www.ndcourts.gov/legal-resources/probate.

When you should still disclose or list survivorship assets

Even though survivorship assets generally are not part of the probate inventory, you should consider disclosing them in certain circumstances:

• Local court rules or the judge requires a full listing: Some probate courts ask for a list of all assets (including nonprobate) for transparency, to evaluate creditor claims, or to determine fees. Check local rules or the judge’s instructions.
• Assets were controlled by the personal representative at death: If the decedent had sole control or the representative took possession of nonprobate property, the court may expect that property to be reported or turned over if appropriate.
• There is a dispute or possible creditor claim: If survivorship is contested (for example, the signature, deed, beneficiary designation, or capacity is disputed), those assets may effectively become part of the estate until resolved. Creditors sometimes pursue nonprobate assets in limited situations, so listing them can protect the representative.
• Tax, Medicaid, or government recovery issues: Nonprobate transfers can affect estate tax filings or public benefits recovery in some cases. Disclosing them to advisers helps evaluate obligations.

Practical steps to take

If you are acting for an estate in North Dakota, follow these steps:

1. Obtain several certified copies of the death certificate.
2. Review account titles, deeds, and beneficiary designations to confirm whether assets have survivorship or beneficiary designations.
3. Read the probate petition or order appointing you: it may tell you exactly what to list or deliver to the court.
4. If in doubt, disclose the asset in a separate section of your inventory or file a short statement with the court identifying nonprobate transfers and explaining why you believe they pass outside probate.
5. Talk with a probate attorney if there is any disagreement about title, potential creditor claims, or if the asset’s status is unclear.

Example hypotheticals

Example A: The decedent and their mother held a bank account as joint tenants with right of survivorship. The mother becomes sole owner automatically and the account typically is not included as an estate asset on the probate inventory. Still, the personal representative should note the account and provide a copy of the account statement if the court asks.

Example B: The decedent listed the mother as beneficiary of a retirement account. The retirement account passes to the beneficiary and generally is not part of the probate estate. But if the beneficiary designation is ambiguous or contested, the account may be reported to the court while the dispute is resolved.

Key takeaways

• Right‑of‑survivorship and properly designated beneficiary assets usually pass outside probate and do not form part of the probate inventory.
• Check local court instructions; some courts ask for full disclosure of nonprobate assets for context.
• If ownership or beneficiary status is disputed, or if the personal representative had control of the asset, list it and consult an attorney.
• When unsure, disclose the item on a separate statement to the court and seek legal advice—disclosure is often safer than omission.

Disclaimer: This information is educational only and is not legal advice. It does not create an attorney‑client relationship. For guidance about a specific estate in North Dakota, consult a licensed North Dakota attorney.

Helpful Hints

• Keep certified copies of the death certificate handy—banks and title companies will ask for them.
• Gather account statements, deeds, and beneficiary forms before filing anything with the court.
• If a creditor later claims a nonprobate asset, your good faith disclosure helps show you acted reasonably as a personal representative.
• Use the North Dakota Courts probate resources for forms and local guidance: https://www.ndcourts.gov/legal-resources/probate.
• When in doubt about whether to list an item, include a short explanation in your inventory or file a motion for instructions from the court.