Probate in North Dakota | ND Legal Resources | FastCounsel

North Dakota — Can an Estranged Spouse Claim an Estate if Divorce Was Not Final?

Short answer If a married person dies before a divorce is final in North Dakota, the surviving spouse is still the legal spouse. That means the surviving spouse generally keeps the same statutory and probate rights as any spouse — including intestate-share rights if there is no valid will, certain allowances and exemptions from the […]

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North Dakota: Recovering Funeral and Pre-Administration Expenses from an Estate

How to recover funeral and pre-administration costs from an estate in North Dakota Short answer: You can often recover reasonable funeral costs and other necessary expenses paid before the estate is fully administered, but recovery depends on who paid, the estate’s assets, and the probate timeline. In North Dakota these items are treated as administration […]

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What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? (ND)

Re-recording or Updating a Joint Survivorship Deed in North Dakota: Step-by-Step FAQ Short answer If co-owners named on a North Dakota joint survivorship deed have died, the surviving owner(s) usually receive title automatically if the deed created a clear right of survivorship. To update public records you will typically need certified death certificate(s) and a […]

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What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? (ND)

Detailed Answer This FAQ explains what steps a beneficiary can take in North Dakota when a personal representative (executor or administrator) sends a distribution but does not explain how the beneficiary's share was calculated. This is general information, not legal advice. What duties does a personal representative have? Under North Dakota law, a personal representative […]

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What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (ND)

Detailed Answer — Proving Next of Kin and Qualifying as Administrator in a Reopened North Dakota Estate Short answer: To prove you are the next of kin and qualify to be appointed administrator of a reopened estate in North Dakota you generally must file a petition with the probate court that explains why the estate […]

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How can I reopen my father's closed estate in North Dakota so I can be appointed as administrator?

Detailed Answer — Reopening a Closed Estate in North Dakota and Seeking Appointment as Administrator Short answer: In North Dakota you generally reopen a closed estate by filing a petition in the county probate court that handled the original probate. You must show a valid reason (for example, newly discovered assets, creditor claims, fraud, or […]

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What steps do I need to take when the original estate administrator has died before completing the probate? (ND)

What to do when the original estate administrator dies before completing probate in North Dakota Disclaimer: I am not a lawyer. This article is informational only and does not constitute legal advice. Consult a North Dakota probate attorney or the probate court for specific legal guidance. Detailed Answer — Steps to take under North Dakota […]

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How long does it usually take to get an out-of-state will approved in North Dakota probate?

FAQ: Timeline for Admitting an Out-of-State Will in North Dakota Probate Detailed Answer This explains how North Dakota courts typically handle wills that were executed in another state (an “out-of-state” will), and how long the process usually takes. This is general educational information and not legal advice; consult a licensed North Dakota attorney for guidance […]

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What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? (ND)

What happens if a survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? Disclaimer: I am not a lawyer. This information is educational and not legal advice. If you need legal advice, consult a licensed North Dakota attorney about your specific situation. Detailed Answer — what […]

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How do I get the probate court’s permission to sell estate property when the clerk won’t explain filing requirements? – ND

How to get the probate court’s permission to sell estate real property when the clerk’s office won’t explain the filing requirements (North Dakota) Short answer If you are the personal representative (executor or administrator), you usually must file a petition with the probate court asking for authority to sell estate real property, give required notice […]

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