Detailed Answer
When someone dies and a parent is missing, the probate process can stall until the court locates that parent or approves an alternative notice or appointment. This guide explains practical steps you can take as a next-of-kin in North Dakota to locate a missing parent and what the court expects before it will move forward with probate.
What the court expects before it will proceed
Court rules require “reasonable efforts” to find missing heirs or next-of-kin before approving substituted service (such as service by publication) or appointing a personal representative without their involvement. In North Dakota, probate is governed by the North Dakota Uniform Probate Code (Title 30.1 of the North Dakota Century Code). For general statutory guidance see the North Dakota Century Code, Title 30.1 (Decedents’ Estates and Probate):
https://www.legis.nd.gov/cencode/t30.1.
Step-by-step actions to locate a missing parent
- Gather identifying details. Collect the parent’s full name, any aliases, date of birth, Social Security number (if you have it), last known address, places they worked, former employers, military service, and names of friends or relatives. Also collect any documentation showing your relationship (birth certificate, family records, prior court filings).
- Search public records and government sources.
- Vital records (birth, marriage, divorce) — North Dakota Department of Health, Vital Records: https://www.ndhealth.gov/vitalrecords.
- Social Security Death Index / report missing persons to SSA for benefit inquiries: https://www.ssa.gov.
- Military service and veteran search (if applicable) through the National Archives or VA records.
- County property, tax, and voter-registration records in the county where the parent last lived.
- Check national databases and online resources.
- NamUs (National Missing and Unidentified Persons System): https://www.namus.gov.
- Commercial skip-tracing and people-search services — useful for current addresses and phone numbers (note cost and privacy issues).
- Social media, obituary sites, and online phone directories.
- Contact likely local institutions: hospitals, long-term care facilities, county jails, and coroner/medical examiner offices in the area where the parent was last seen.
- Reach out to family, friends, and former neighbors. Ask relatives and the deceased’s acquaintances for any leads. Keep a written log of calls and contacts because courts may require proof of your search effort.
- Use formal search tools and assistance.
- Hire a licensed private investigator or a licensed skip-tracer who is experienced with locating missing heirs.
- Ask the sheriff for a welfare check at the last known address if you have reason to be concerned for the person’s safety.
- Provide documented proof of your efforts to the probate court. Courts expect an affidavit or sworn statement describing the steps you took, the places you searched, the people you contacted, and the results. Keep copies of phone logs, certified mail receipts, search reports, and advertisements.
- If you still cannot locate the parent, ask the court for substituted service or permission to proceed. North Dakota courts can allow service by publication or other alternative notice if you can show reasonable efforts to find the missing person. Consult the local probate division of district court or the North Dakota probate forms and instructions for the county where the decedent lived. See North Dakota Courts resources: https://www.ndcourts.gov/.
What the court may do if a parent cannot be found
- Order service by publication (notice in a newspaper) after you show the court that you made reasonable efforts to locate the missing parent.
- Allow personal representative appointment even if the missing parent did not receive direct notice, after the court approves substitution or other protections (such as bond or additional notice to unknown heirs).
- If the missing parent has been absent for many years and presumed dead under state law, you may be able to seek a declaration of death; this is fact-specific and usually requires clear evidence or a statutory presumption. Consult the statutes and a lawyer about a declaration of death or presumptive death actions.
When to consult an attorney
Consider hiring an attorney if any of the following apply:
- The missing parent holds property that affects the estate.
- Multiple potential heirs dispute next-of-kin status.
- The court requires complex substituted-service steps or you must seek a declaration of death.
- You need help preparing affidavits of due diligence and formal petitions for the court.
An experienced probate attorney can draft the required affidavits, prepare the petition to the court for substituted service, and help marshal the search evidence the court expects.
Relevant North Dakota resources and statutes
- North Dakota Century Code — Decedents’ Estates and Probate (Title 30.1): https://www.legis.nd.gov/cencode/t30.1
- North Dakota Courts — forms and probate information: https://www.ndcourts.gov/
- North Dakota Department of Health — Vital Records: https://www.ndhealth.gov/vitalrecords
- Social Security Administration: https://www.ssa.gov
- NamUs — National Missing and Unidentified Persons System: https://www.namus.gov
Important: If you reference statutes or rules when you file, the local county court clerk or a probate attorney can point you to the exact code sections and forms used in your county.
Short checklist to bring to the court or attorney
- List of all search steps you completed (with dates and copies of proof).
- Contact information for relatives, friends, employers you checked.
- Copies of relevant documents (birth certificates, marriage certificates, ID, prior wills, property records).
- Any private investigator or skip-tracing reports you purchased.
- Draft affidavit describing your attempts to locate the missing parent.
Helpful Hints
- Start searching early. Courts expect a clear record of the search before they allow substituted service.
- Document everything. The court will want specifics — dates, places, who you called, and copies of messages or certified mail receipts.
- Use both free and paid search tools. Free sources (social media, obituaries, county records) plus paid skip traces increase your chances of success.
- Consider a local private investigator who knows North Dakota records and procedures. Their affidavit often carries weight with the court.
- Talk to the probate clerk in the county where the decedent lived. They can point to local rules, required forms, and the judge’s general expectations for substituted service.
- If you suspect the missing parent may be deceased but you lack proof, an attorney can advise whether a declaration of death petition is appropriate under North Dakota law.
Disclaimer: This article provides general information about locating a missing parent during probate in North Dakota. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, contact a licensed attorney in North Dakota or the local probate court.