Probate in North Dakota | ND Legal Resources | FastCounsel

How to Open Probate in North Dakota When You Live Out of State

Detailed answer — Opening probate in North Dakota from out of state When a North Dakota resident dies, close family members or other interested persons often must open probate in North Dakota to transfer title to the decedent’s property, pay debts, and close the estate. Living in another state does not prevent you from starting […]

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How to Settle a Parent's Estate in North Dakota and Handle Out-of-State Property

Settling an Estate in North Dakota and Managing Property in Another State: A Step-by-Step FAQ Disclaimer: This is general information only and not legal advice. Consult a licensed North Dakota attorney and, if needed, an attorney in the other state for advice tailored to your situation. Detailed Answer If a parent died owning assets in […]

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North Dakota: How to Transfer Real Property to Your Child After a Spouse’s Death

Detailed Answer: Steps to file and record a new deed so your child becomes the owner (North Dakota) Short answer: First identify how the property is titled. If it passed automatically to the surviving owner (for example, joint tenancy with right of survivorship), you typically record proof of death and a survivorship affidavit with the […]

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Ensuring a Wrongful Death Settlement Is Filed and Split Correctly — North Dakota

How to Make Sure a North Dakota Wrongful Death Settlement Is Filed and Split Correctly Disclaimer: This is general information, not legal advice. Consult a licensed North Dakota attorney about your case. Detailed Answer — Step-by-step process for filing and distributing a wrongful death settlement in North Dakota This section explains the common legal steps […]

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Do I Need a TOD Deed or POD Designation if My Will Leaves Everything to My Daughter? — North Dakota

Do a will and beneficiary designations both matter for passing property in North Dakota? Short answer: Yes. A will controls property that passes through probate, but many assets (bank accounts, retirement plans, life insurance, some securities, and some jointly owned property) transfer outside probate by beneficiary designation, payable-on-death (POD) or transfer-on-death (TOD) mechanisms. If you […]

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North Dakota: Can You Require a Co‑Heir to Reimburse an Appraisal Before an Estate Buyout?

When Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout? Short answer: Under North Dakota probate practice, whether you can require a co‑heir to reimburse you for an appraisal before completing an estate buyout depends on who ordered or authorized the appraisal, whether the appraisal was an estate administration expense, and […]

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Transferring a Deceased Parent's House After Dying Intestate — North Dakota

How to Transfer a Parent’s House When They Die Without a Will — North Dakota Disclaimer: I am not a lawyer. This article explains general North Dakota procedures and points you to statutes and court resources. It is educational only and not legal advice. For help tailored to your situation, consult a North Dakota probate […]

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How to Take Over a Deceased Parent’s Mortgage in North Dakota: Steps, Laws, and Next Steps

Taking Over a Deceased Parent's Mortgage in North Dakota: Key Steps and What to Expect Detailed Answer If your parent died owning a home subject to a mortgage, you have a few common paths to keep the house and the loan. Which path works depends on how the property is titled, whether the lender will […]

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Proving Paternity for Inheritance in North Dakota

Disclaimer: This is general information and not legal advice. Consult a North Dakota attorney about your specific situation before taking action. Detailed Answer If a deceased or living parent’s name is not on your birth certificate, you can still prove you are that person’s child for inheritance purposes in North Dakota. Courts and probate administrators […]

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Protecting an Inheritance in North Dakota When a Family Member Contests an Estate

FAQ: Protecting an Inheritance from a Family Contest under North Dakota Law Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed North Dakota attorney. Detailed answer — what to do to protect an inheritance in North Dakota When a family member contests […]

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