Detailed Answer
When a homeowner in North Dakota dies without a valid will (intestate) and multiple heirs survive, state intestate succession and probate laws govern title transfer. Here’s what typically happens:
- Open Probate: An interested party—often an heir—files an application with the county court to open an estate and appoint a personal representative. (See NDCC §30.1-02-01.)
- Appointment of Personal Representative: The court appoints a personal representative (formerly called executor) to manage estate assets, pay debts, and distribute property.
- Identify Heirs: The personal representative locates all heirs. Under NDCC §30.1-03-01, heirs include the surviving spouse and issue or, if none, ascending relatives and collateral kin.
- Determine Ownership Shares: Pursuant to NDCC §30.1-03-03, the estate home passes to heirs in undivided interests as tenants in common when multiple beneficiaries qualify.
- Prepare and Record Deed: The personal representative executes an executor’s deed conveying the home to the heirs. They record it in the county registrar’s office to update title.
- Manage Disputes or Partition: If heirs cannot agree on use or sale, any heir may file a partition action under NDCC Chapter 32-24. The court may order a sale and divide proceeds.
Helpful Hints
- Start probate promptly to avoid creditors’ claims or property maintenance issues.
- Gather a certified death certificate and an asset list before filing probate.
- Consult the county court clerk for local probate forms and deadlines.
- Maintain transparent communication among heirs to reduce conflict.
- Consider mediation before filing a partition action to resolve disputes.
Disclaimer: This article provides general information under North Dakota law. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.