Probate in North Dakota | ND Legal Resources | FastCounsel

How is the fair market value of personal property calculated in a probate case in North Dakota?

Understanding Fair Market Value of Personal Property in North Dakota Probate When a person dies holding personal property—furniture, collectibles, jewelry or vehicles—the estate’s personal representative must report the fair market value (FMV) of those items to the court. North Dakota law sets out the timing and criteria for determining FMV in probate. 1. What Is […]

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How Do I Determine Property Ownership When My Deceased Parent Is the Only Name on the Deed? ND

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 […]

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What Constitutes Due Diligence for Identifying and Notifying Unknown Heirs in North Dakota Probate Administration?

Understanding Due Diligence for Identifying and Notifying Unknown Heirs in North Dakota Probate Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation. Detailed Answer 1. Overview of North Dakota Probate Duties When administering an estate in North Dakota, a personal […]

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How can an administrator locate and verify potential heirs in North Dakota when only limited information is available?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When an administrator in North Dakota faces limited information about potential heirs, a structured approach ensures compliance with the North Dakota Probate Code and minimizes delays. 1. Review […]

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What notice requirements and procedures apply for notifying creditors, including medical debt collectors, in North Dakota probate?

Detailed Answer When administering a decedent’s estate in North Dakota, the personal representative must notify all known and unknown creditors of the probate proceedings. This notification process lets creditors—including medical debt collectors—present claims against the estate within the time limits set by law. The North Dakota Century Code at 30.1-21-02 NDCC and 30.1-21-03 NDCC governs […]

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How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in North Dakota?

Disclaimer: This article provides general information and is not legal advice. Consult a qualified North Dakota attorney for guidance specific to your situation. Detailed Answer When someone dies intestate (without a valid will) in North Dakota, the district court supervises the estate administration. The court appoints a personal representative—called an “administrator”—to manage the estate. Here’s […]

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What documentation is needed to freeze or secure the decedent’s bank accounts when co-heirs refuse to cooperate in North Dakota

Detailed Answer When co-heirs refuse to cooperate in securing a decedent’s bank accounts in North Dakota, you must obtain court-authorized documents to freeze or restrict access. Below are the key steps and required documents under North Dakota law: Certified Death Certificate – Obtain a certified copy from the county registrar. This document is required by […]

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How are real property and personal assets identified, inventoried, and distributed under intestacy law in North Dakota?

Disclaimer: This article provides general information and does not constitute legal advice. Understanding Intestate Succession in North Dakota 1. Identifying Real Property and Personal Assets Under North Dakota law, real property includes land and interests in land, such as homes, commercial buildings, and undeveloped acreage. Personal property consists of movable assets like bank accounts, vehicles, […]

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What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in North Dakota

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in North Dakota for advice on your specific situation. Detailed Answer Overview of Missing Estate Documents When an institution refuses to release critical estate documents—such as account statements, deeds, insurance policies, or corporate records—you can use North […]

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What Type of Deed Should Heirs Sign to Convey Their Interests in Property in Another Jurisdiction, and How Is It Recorded? (ND)

Detailed Answer When a decedent’s property vests in heirs under North Dakota intestacy law, all heirs collectively hold title as tenants in common. To convey their interests in real property located in another jurisdiction, heirs must execute a deed that satisfies both North Dakota execution requirements and the destination jurisdiction’s conveyancing formalities. 1. Choosing the […]

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