We are also needing to probate a will in ND but the will is seven years old. We did not open probate, small town and just did things between us kids. Is there a time limit do you think? My friends all have their opinions, some say we can't even probate it now becuase it is too old, plus we can't find an original, just a copy. What a mess. We also need an attorney in nd to handle this, Any ideas?
Your biggest problem is that there is no self proving will. A copy will not do it.
I think you can probate the estate with the existing/remaining real property, and I have heard that some lawyers in ND open a quiet title proceeding, although some say this is wrong. I think your best bet would be to contact some ND lawyers outside the oil patch [ eastern counties ] and ask them how they are going to settle things if you hire them. If all the heirs agree and the lawyer says the quiet title would work, I would find it attractive, because your title would be perfect by court decree a couple of years after the proceedings. The couple of years as I understand it would be for other claimants to come forward, but that shouldn't happen if you have gathered all the heirs, and when the time is up even if someone has a better claim than yours it wouldn't matter. Of course this would all be predicated on your lawyers opinion that it was a workable action. Talk to a lawyer.
As Mr. Cotton stated, you need an original will not a copy. So try your best to determine which law firm or lawyer wrote up the will to see if they retained an original. If your folks (or grandparents) were in a small town you may be able to guess which attorney that was. If you can obtain an original I don't think the passage of time will be an issue.
Does the probate involve your last parent? If so, are you and your siblings the only heirs according to the Will? If yes, then just do an intestate probate. Forget the Will. (if there is someone in that will that isn't a sibling then they might fight to get the Will submitted) but like I said, if it is just you guys and everybody is share and share alike, then I don't see much of a problem. If all that is left for the inventory is real property, then you can do this probate yourself. North Dakota has a website for the paperwork, print it out and follow the directions. This could be amazingly simple if everyone involved is all Zen with the situation. The ND probate I did was older than 7yrs...but don't waste anymore time, ND like many other States have a type of adverse possession and you don't want to lose what property you have, especially the minerals. Opening the probate will at least reset the clock for you. ( I think 20yrs of no activity)
(When I say forget the Will, I mean don't worry about it, go ahead and include it in the probate so it doesn't appear you are hiding anything, let the judge decide if he wants to accept the Will or not. It won't change your outcome if the above scenario is accurate.)
NOT LEGAL ADVICE
In Texas there is a time limit of four years after the death of Decedent or after discovery of the Will, whichever is later, to file for regular administration. Surely there is a time limit of some sort in North Dakota, perhaps you could find the time limit in your state's Probate Code. If not, any probate lawyer there should know the answer. In Texas, after four years have expired one can still file for Probate, but only to clear up a title issue, in what's called "Muniment of Title." Theoretically, there is no time limit to file this type of Probate, but a judge would look increasingly askance at any Will that came to him the longer past the four-year deadline that it was presented.