Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under North Dakota law, the terms “common form” and “solemn form” probate—used historically in other states—do not apply. North Dakota follows the Uniform Probate Code (UPC) framework found in Chapter 30.1 of the North Dakota Century Code. Instead of those two methods, you have two primary probate procedures:
- Informal (Independent) Administration under NDCC 30.1-27 (NDCC 30.1-27)
- No court hearings are required unless a dispute arises.
- The personal representative handles estate tasks—notice, asset collection, debt payment, distribution—largely without judicial supervision.
- Ongoing reports to the court are minimal.
- Formal (Supervised) Administration under NDCC 30.1-28 (NDCC 30.1-28)
- All major steps (appointment of personal representative, accounting, final distribution) occur through court hearings.
- The court reviews and approves reports, ensuring transparency if heirs or creditors contest actions.
- This method adds time and expense but provides judicial oversight.
In limited cases involving small estates, you may qualify for Summary Probate under NDCC 30.1-23 (NDCC 30.1-23), which expedites distribution without formal administration.
Choosing between informal and formal administration depends on factors such as:
- Estate size and complexity
- Likelihood of disputes among heirs
- Need for court oversight to protect beneficiaries or creditors
While “common form” probate (in other states) allowed a will to be admitted on affidavit of a single attesting witness, and “solemn form” required a full court hearing with witness testimony, North Dakota’s UPC system simplifies the process. You decide between an unsupervised (informal) route or a supervised (formal) route at the outset, and the statutes dictate procedure, notice, and court involvement.
Helpful Hints
- Review NDCC 30.1-27 and 30.1-28 online for detailed requirements and timelines.
- Consult as many beneficiaries as possible before choosing informal administration to prevent later objections.
- Gather asset and debt information thoroughly to prepare a complete inventory for the court if you choose formal administration.
- Consider summary probate under NDCC 30.1-23 if the estate’s value falls under the statutory threshold.
- Seek guidance from a probate attorney licensed in North Dakota to navigate procedural nuances.