Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
Gathering key information and documents before a loved one passes can significantly streamline the probate process under North Dakota law. Probate is the court-supervised procedure that validates a will, appoints a personal representative, and supervises distribution of assets. Advance preparation reduces delays, minimizes legal fees, and lowers the risk of disputes.
1. Personal and Family Information
- Full legal names, dates of birth, social security numbers, and contact details for the decedent, spouse, children, and other beneficiaries.
- Certified copies of birth certificates, marriage certificates, and divorce decrees.
- Adoption papers or legal name-change documents, if applicable.
2. Estate Planning Documents
- Original will and any codicils. Ensure the document meets North Dakota’s execution requirements: two witnesses and a handwritten or typed signature (NDCC 30.1-03-03).
- Trust agreements, if a revocable or irrevocable trust exists.
- Durable power of attorney and health care directives (advance directives or living will).
- Beneficiary designations for life insurance policies, retirement accounts, IRAs, and 401(k)s.
3. Financial Account Records
- Bank and credit union statements (checking, savings, money market).
- Investment account statements (brokerage, mutual funds, stocks, bonds).
- Safe deposit box inventory, location, and access keys or codes.
- Digital asset inventories: online accounts, cryptocurrency wallets, and passwords.
4. Real Property Documentation
- Deeds and land records for real estate—primary residence, vacation homes, rental properties.
- Mortgage statements and payoff information.
- Homeowners’ association documents, leases, or rental agreements.
5. Personal Property and Valuables
- Vehicle titles and registrations.
- Appraisals or receipts for jewelry, art, collectibles, and other high-value items.
- Information on business interests, partnerships, or ownership in closely held corporations.
6. Debts and Liabilities
- Credit card statements and outstanding balances.
- Personal loans, lines of credit, and promissory notes.
- Medical bills, tax liens, and funeral or burial prepayment contracts.
7. Tax Information
- Federal and North Dakota income tax returns for the last three to five years.
- Estate tax filings, if applicable, and documentation of gift tax returns.
By assembling these records, a personal representative can:
- File the will promptly with the county court.
- Request appointment from the court without repeated document requests.
- Use the small estate affidavit procedure if the estate’s personal property does not exceed $100,000 (NDCC 30.1-22-03).
- Provide clear beneficiary designations to non-probate assets.
Helpful Hints
- Review and update documents every two years or after major life events (marriage, birth, divorce).
- Keep originals in a secure location and provide copies to your attorney or personal representative.
- Use a centralized checklist or organizer to track documents and passwords.
- Consider digital vault services for secure online storage of scanned documents.
- Inform family members or your designated agent about the document location and access instructions.