Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
When a parent’s name alone appears on a deed, ownership does not transfer automatically upon death. You must examine probate and intestate succession rules under North Dakota law.
1. Check for a Will and Probate Proceedings
First, determine whether your parent left a valid will. If a will exists, file it in the county court to open probate. Probate is the court-supervised process that validates the will and appoints an executor. The executor distributes assets according to the will. See NDCC 30.1-16 for probate administration: NDCC 30.1-16.
2. Intestate Succession (No Will)
If no will exists, North Dakota’s intestate succession laws apply. The court appoints an administrator and distributes assets to heirs under NDCC 30.1-03. Typically, the spouse and children inherit. For intestate rules, see NDCC 30.1-03: NDCC 30.1-03.
3. Determine Heirship or Summary Affidavit
For smaller estates (generally under $100,000), you may use a summary heirship determination under NDCC 30.1-27. File a petition in probate court to confirm heirs and obtain an order transferring real property. See NDCC 30.1-27: NDCC 30.1-27.
4. Record a New Deed
Once the court issues letters testamentary, letters of administration, or an heirship order, prepare and execute a new deed transferring title to the heir(s). The deed must meet recording requirements under NDCC 47-18-01: NDCC 47.18.01. File this deed with the county register of deeds.
5. Conduct a Title Search
To confirm ownership and identify liens, perform a title search. You can hire a title company or examine records at the county register of deeds. This ensures clear title before selling or mortgaging the property.
Helpful Hints
- Obtain multiple certified copies of the death certificate for creditors and recording.
- Keep detailed records of probate filings and court orders.
- Consult a probate or real estate attorney to navigate complex issues.
- Check for outstanding mortgages, liens, or property taxes.
- Review county-specific recording fees and tax requirements.