How to Transfer a Parent’s House When They Die Without a Will — North Dakota

Disclaimer: I am not a lawyer. This article explains general North Dakota procedures and points you to statutes and court resources. It is educational only and not legal advice. For help tailored to your situation, consult a North Dakota probate attorney or the county probate court.

Detailed Answer: Steps to get the house into you and your siblings’ names under North Dakota law

If your parent died without a will (intestate) in North Dakota, the basic path to putting the house in the heirs’ names is:

1. Confirm how title currently stands. Check the deed at the county recorder’s office. If the house was jointly owned with right of survivorship (for example, joint tenancy or tenancy by the entirety with another person), title may pass automatically to the surviving co-owner and you may not need probate. If the house was titled solely in your parent’s name, probate or another court-authorized procedure will usually be required to transfer title.
2. Identify the heirs. North Dakota’s intestacy rules determine who inherits when there is no will. Typically the surviving spouse and children are first in line; if no spouse or descendants, more remote relatives may inherit. North Dakota’s laws on descent and distribution are codified in the North Dakota Century Code; see resources below for the precise rules.
3. Decide whether a small-estate procedure applies. Many states allow a simplified affidavit or summary probate for small estates so real property or funds can be transferred without full probate. Check whether North Dakota has a small-estate affidavit or summary administration that fits your estate’s value and circumstances. If eligible, heirs can use that process to obtain a court order or an affidavit to record a deed.
4. Open probate (formal administration) if required. If the small-estate route does not apply or if there are creditors, disputes, or complex assets, someone (usually an heir) will petition the county court to open probate and be appointed personal representative (executor/administrator). The personal representative collects assets, pays valid debts and taxes, and then distributes assets according to intestate law. The court will issue documents (letters testamentary or letters of administration) proving the representative’s authority; those documents are typically required to transfer real estate title.
5. Obtain court orders for distribution or transfer. Once debts are handled and the court approves distribution, the court issues a final decree or order distributing the real property to the heirs. With that order, the personal representative or heirs can execute and record a deed transferring the house to the named heirs.
6. Record the new deed at the county recorder. After the court order or small-estate affidavit is obtained and the proper transfer deed is signed, record the deed in the county where the property is located. You will usually need certified copies of the death certificate, the court order or affidavit, and identification for grantees.

Common complications and how they affect the process

• Mortgage or liens: Outstanding mortgages and liens survive the owner’s death. Mortgages generally must be paid or assumed; the personal representative should address these during probate. A title company or attorney can run a title search to identify liens.
• Multiple heirs who disagree: If siblings or heirs cannot agree on whether to keep or sell the house, the personal representative may ask the court for instructions or the court may order sale and division of proceeds.
• Missing heirs or unknown creditors: Probate includes notice requirements and a period for creditors to come forward. If an heir is missing, the court has procedures for service by publication or appointment of a guardian ad litem in some cases.
• Real property held in trust or jointly owned: If the property was held in a trust or jointly owned with rights of survivorship, the trust terms or joint ownership will control transfer, often outside probate.

Key documents you will usually need

• Certified copy of the death certificate
• Recorded deed(s) showing current title
• Mortgage statement and lien information (if any)
• Heirs’ names, birthdates, and contact information
• Any beneficiary designation or trust documents, if applicable
• Petition for probate or small estate affidavit forms, if using court processes

Where to look in North Dakota law and court resources

North Dakota’s statutes governing probate, intestate succession (descent and distribution), and administration are in the North Dakota Century Code. For general statutory text and to research specific provisions, use the official state code site:

• North Dakota Century Code (search and browse)

For practical, court-level information about opening probate, required forms, and local procedures, consult the North Dakota Courts resources:

• North Dakota Courts — Probate & Estate Information

Helpful Hints

• Start by getting several certified death certificates from the funeral home or county health department — you’ll need them to record documents and deal with banks and the recorder.
• Run a title search early. A title company can identify any liens, easements, or co-owners and will tell you whether the deed names joint owners or has survivorship language.
• If the estate looks small and the heirs agree, ask the county probate clerk whether a small-estate affidavit or simplified procedure is available — it can save months and court fees.
• Talk to the probate court clerk in the county where the property is located. Court clerks can explain local filing requirements and provide standard forms for petitions and inventories.
• Keep clear records and copies of all filings, payments to creditors, and distributions. Personal representatives have fiduciary duties and must account for estate handling to the court and heirs.
• Consider a short consultation with a North Dakota probate attorney if there are mortgages, multiple heirs, or possible creditor claims. An attorney can advise whether summary administration is possible and prepare court documents to avoid mistakes that delay transfer.

Typical timeline

Timelines vary. A simple small-estate transfer can take a few weeks to a few months. Formal probate that involves appointment of a personal representative, creditor notice periods, and court approvals commonly takes several months to over a year, depending on complexity and whether disputes arise.

When to get professional help

Consider an attorney when: there are disputes among heirs, the estate has significant debts or tax questions, the title is unclear, the property is in multiple states, or you’re unfamiliar with probate filings. An attorney can draft deeds, prepare court petitions, and ensure the transfer follows North Dakota statutes and local court rules.

More legal resources

• North Dakota Century Code — search the code: https://www.legis.nd.gov/cencode
• North Dakota Courts — probate & estate information and forms: https://www.ndcourts.gov/legal-resources/probate

If you would like, I can:

• Provide a plain-language checklist of documents to gather for your county’s probate office
• Outline the typical affidavit or petition language used in simplified transfers (for informational purposes)
• Find contact info for the probate clerk in the county where the house is located if you tell me the county