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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.
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.
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.
North Dakota recognizes holographic (handwritten) wills so long as the signature and material portions of the document are in the testator's handwriting. A holographic will in North Dakota does not have to be witnessed in order to be valid.
Probate Avoidance Joint Tenancy with Right of Survivorship. Adding another person to your assets as a joint owner or "joint tenant with rights of survivorship" will allow your property to pass to them upon your death without going through probate. ... Beneficiary Designations. ... Revocable Living Trust.