North Dakota Petition to Probate Lost Will

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Multi-State
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US-02168BG
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Word; 
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Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.


The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In order for a will to be valid, its owner must be of sound mind when it is created. If the owner is not of sound mind, the will not be valid. The will must also be in writing and signed by the owner or by someone in the owner's presence and at the owner's direction.

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.

The Estate Settlement Timeline: While there isn't a specific deadline set by North Dakota law, it's generally advised to do this within a month to prevent potential delays in the probate process.

If you have a larger estate, you must go through probate, especially if real estate is involved. Other deciding factors for requiring probate include: A poorly written will. Debates over the proper heir.

North Dakota has adopted the Uniform Probate Code, which allows a person to informally probate a Will and have a personal representative appointed without the necessity of a court appearance or a court hearing, as long as the proper forms are filed and the correct procedures followed.

A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or three years from the decedent's death.

Probate is almost always required in North Dakota. If you have a larger estate, you must go through probate, especially if real estate is involved. Other deciding factors for requiring probate include: A poorly written will.

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North Dakota Petition to Probate Lost Will