North Dakota Probate Law and How It Works

The below article is meant for informational purposes regarding the probate process in North Dakota. Rockpoint Probate Funding DOES NOT provide funding services for estates based in North Dakota.

The North Dakota probate process can require several months, making it challenging for heirs to receive an inheritance in a timely manner. Probate courts provide a key service by ensuring that wills are valid and reflect the decedent’s wishes. The process can still be challenging. Read on to learn more about North Dakota probate laws.

How Long Does Probate in North Dakota Take?

Even the most basic cases going through probate in North Dakota will take about six months. Probate can take a year or more if complications arise, such as someone disputing the will.

Depending on the circumstances of the case, you can use either informal or formal probate in North Dakota.

• Informal probate is similar to the small estate affidavit available in some other states. It allows a straightforward estate to progress through county court probate within several months. In-person hearings are unnecessary if the personal representative can complete the proper forms.
• Formal probate occurs in cases where the North Dakota district court supervises the process. In-person hearings are common. Formal probate becomes necessary when disputes over the will occur. The formal probate process often takes a year or more. 

North Dakota’s 53 counties have their own courts. However, multiple counties combine to create eight district court jurisdictions. If your probate process needs to advance to one of North Dakota’s district courts, it will happen in the district court associated with your loved one’s home county.

If your loved one passed away without a will, you might be able to use informal probate. As long as the potential heirs do not dispute the use of intestate succession in distributing assets, informal probate is a possible option. North Dakota Code § 30.1-04.01 lays out the use of intestate succession. If disputes occur, though, formal probate is likely when no will exists.

Even though North Dakota has some steps for streamlining probate, waiting several months to receive your inheritance can be frustrating. With Rockpoint Probate Funding’s cash advance program, you may be able to receive some money now. Depending on your financial circumstances, this option could significantly benefit you.

Steps To Follow for North Dakota Probate

North Dakota law requires following several steps when going through the probate process:

• The surviving family members file a petition to open the probate process with the North Dakota county court where the decedent lived.
• The court names an executor or personal representative, usually the person named in the will.
• The executor publishes notice of the death in local newspapers to notify creditors.
• The executor takes inventory of all assets in the estate and assigns a value to them.
• The executor pays valid creditors, files tax forms, and pays any taxes.
• The executor distributes the remaining assets to the heirs.

These steps can take several months to complete. North Dakota Code § 30.1-18-19 allows a payment of executor compensation to account for the hours of work required. State law only specifies that the payment be “reasonable.”

How To Avoid Probate in North Dakota

Although some cases can go through the streamlined informal probate process in North Dakota, avoiding probate is the better option to speed up the process further. You have a few options for trying to avoid North Dakota probate.

Living Trust

Through estate planning, North Dakota allows your loved one to set up a living trust before they pass away. This document allows your loved one to maintain control over the assets until then. However, the trust formally holds the assets.

Because your loved one does not have assets in their name at the time of death, there’s no need to go through North Dakota probate. The trust includes instructions for passing the assets to the heirs.

Automatic Transfer

If you have assets that automatically transfer to beneficiaries at the time of death, such as with a life insurance policy, these assets avoid probate.

Small Estate Value

If the estate has less than $50,000 in value, North Dakota law sometimes allows the estate to avoid probate. You may be able to simply file a small estate affidavit to have the assets passed to the heirs in less time than probate requires.

The estate’s personal representative can manage the process without needing oversight from the North Dakota probate court when the estate’s value is small enough.

Do Most Wills Go Through Probate in North Dakota?

In North Dakota, nearly all wills must enter the probate process to verify their validity. If there are any disputes over the will, probate attempts to resolve these disputes, though this prolongs the process even further.

Suppose you have assets that are part of a living trust or automatically pass to beneficiaries. In that case, these assets are often separate from the will and will avoid being tied up in probate.

Tired of Waiting for Probate? Rockpoint Probate Funding Offers Cash Advances

Unfortunately, Rockpoint Probate Funding is unable to offer inheritance advances in North Dakota at this time. We offer cash advances based on the value of the portion of the estate that you are expecting to inherit in several other states nearby. This option may be a huge relief for those depending on an inheritance to cover a financial need, if the estate is based in one of several states nearby.

We do not base the amount you receive on your credit score or your current employment status. We only consider the value of your potential inheritance.

To discuss the advantages and disadvantages of using this option in your situation, and if probate advances are available in your state, call us at (888) 263-8588 today.