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Even without a statutory guideline on executor fees in North Dakota, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
In North Dakota, there is no set minimum estate value for probate.
The total value of the probated property (minus any debts or other encumbrances on the property) is less than $50,000.00; No real property (real estate) is part of the probated estate; No probate case is started or completed in a North Dakota state district court, a court of any other state, or a tribal court; and.
A personal representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate.
Die intestate in North Dakota and your children will inherit part of your estate. However, how much they receive depends on whether you also leave behind a spouse, if those children are with your surviving spouse, and if you have children with someone other than your surviving spouse.
In North Dakota, you must file probate within three years of the individual's passing. Filing within three years allows you to qualify for informal probate or affidavit. If you wait longer than three years to file, the estate has to go through normal probate.