Short answer

Under North Dakota law, a will alone does not avoid probate. To keep assets out of probate you generally need to use beneficiary designations (for retirement accounts, life insurance, and some bank accounts), payable-on-death (POD) or transfer-on-death (TOD) account designations, joint ownership with right of survivorship, or an owner-controlled trust (for example a revocable living trust). Each method has limits and consequences. Combining tools carefully and keeping beneficiary forms up to date is usually the most reliable way to make sure your spouse and children inherit what you want without opening a probate case.

Detailed answer — what each tool does (and doesn’t) in North Dakota

Wills

A will states who should receive your probate assets and who should serve as guardian for minor children. However, assets that pass by beneficiary designation, joint ownership with right of survivorship, or title that names a transfer-on-death beneficiary generally do not go through probate — and so the will does not control those assets. A will typically must be submitted to the probate court to be effective for assets titled only in your name.

Beneficiary designations (retirement plans, life insurance)

Retirement accounts (IRAs, 401(k)s) and life insurance contracts transfer to the named beneficiary directly when you die and generally avoid probate. It is common for these forms to control disposition even if your will says otherwise. To rely on this method, make sure each beneficiary form is completed, current, and names contingent beneficiaries in case a primary beneficiary predeceases you.

Payable-on-Death (POD) and Transfer-on-Death (TOD) designations for bank and investment accounts

Many banks and brokerage firms allow you to name a POD or TOD beneficiary for deposit and brokerage accounts. Those funds transfer to the named beneficiary at death without probate. For securities, some states have statutes governing transfer-on-death registration; check your account paperwork and state law. Because rules vary by institution, verify the financial institution’s required form and procedures.

Joint ownership with right of survivorship

Property owned jointly with rights of survivorship passes automatically to the surviving owner(s) at death and typically avoids probate. Joint ownership can be useful but has drawbacks: it gives the co-owner immediate access to the asset during your life (which may carry creditor risk) and can create tax or control issues. Joint ownership is not always appropriate for larger, complex estates.

Revocable living trusts

A properly funded revocable trust can hold assets and direct their distribution at death without probate. You transfer ownership of assets into the trust during your lifetime; at death, the successor trustee distributes assets under the trust terms without a probate proceeding. Trusts require careful setup and continued funding to work as intended.

Real property (real estate)

Whether real estate avoids probate depends on how you hold title. Joint tenancy with rights of survivorship usually passes automatically to the survivor. Some states have statutes that allow transfer-on-death deeds for real property. If you want to avoid probate for real estate in North Dakota, ask whether a TOD deed, joint ownership, or trust is available and appropriate for your situation.

Small estates and simplified procedures

North Dakota provides procedures for small estates that can simplify or avoid full probate in some cases. The size limits and procedures change over time, so check current North Dakota law or court resources for details.

Why a will alone won’t avoid probate

A will is a written statement of your wishes for probate assets. But because the will must be submitted to a court to distribute assets titled in your name alone, it does not by itself create a non-probate transfer. That is why beneficiary designations, titled ownership, and trusts are the usual tools to bypass probate.

Coordination matters — conflicts and surprises

Conflicts arise when beneficiary forms, joint titles, and wills point in different directions. In many cases, beneficiary designations or the way title is held controls over a will. If you want a will to control all distributions, you must ensure that no assets pass outside probate by beneficiary form or title (or use a “pour-over” will that funnels assets into a trust). Failure to coordinate leads to unintended results.

Creditors, taxes, and family rights

Even if an asset passes outside probate, creditors may still have claims against the estate. North Dakota law also provides certain protections and rights to surviving spouses and minors under intestacy and other statutes. These rules can affect how effective non-probate planning is in achieving your goals.

For general information on North Dakota statutes covering decedents’ estates and probate procedures, see the North Dakota Century Code overview: North Dakota Century Code. For court procedures and probate forms, consult the North Dakota Courts website or local county court.

Practical checklist — how to make a workable plan for your spouse and children

1. Inventory assets: list accounts, insurance policies, retirement plans, and real estate and note how each is titled.
2. Review beneficiary forms: name primary and contingent beneficiaries and confirm account procedures for POD/TOD designations.
3. Decide on joint ownership carefully: consider creditor risks and control during your life.
4. Consider a revocable living trust for estate administration without probate, especially for real estate or complex families.
5. Keep your will consistent with beneficiary designations and trust documents (a “pour-over” will can move assets into a trust at death).
6. Update documents after major life events: marriage, divorce, births, deaths, or large changes in assets.
7. Confirm small‑estate and simplified probate rules that might apply to your situation under North Dakota law.
8. Keep records of completed beneficiary forms and titles in a safe place and tell an executor or trustee where to find them.

Helpful hints

• Beneficiary forms override a will for that particular asset. Always check who is currently named.
• Name contingent beneficiaries — don’t rely on intestacy rules to distribute assets to children.
• Ask financial institutions about POD/TOD options and the exact form they require.
• If you own property in more than one state, get advice: real estate in another state may require a separate probate proceeding where the property is located.
• Trusts avoid probate only if you retitle assets into the trust. Creating a trust without funding it does not help.
• Avoid adding a joint owner solely to avoid probate unless you want that person to have ownership rights during your life.
• Consider guardian designations for minor children in the same documents that distribute assets.
• When in doubt, consult a North Dakota attorney experienced in estate planning to ensure your plan matches your goals and complies with state law.