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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 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.
In an informal probate, the appointed personal representative or executor manages assets, pays any debts, files required tax returns and various court documents, and distributes the estate assets. In a formal probate, the probate judge must approve almost every detail of the estate administration.
The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
Die unmarried and intestate in North Dakota and your estate goes to your children in equal shares. If you don't have any children, then your parents are next in line. Finally, if you don't have a spouse, children, or surviving parents, then your estate will go to your grandparents, or descendants of your grandparents.
How to Avoid Probate in North Dakota? Establishing a Revocable Living Trust. Titling property Community Property With Right of Survivorship; Joint Tenancy; or Tenancy by the Entirety. Updating your beneficiaries. Naming accounts and assets ?TOD? or ?POD? (Transfer on Death; Payable on Death)