Probate in North Dakota

Ownership and Title
1

Has anyone been through this procedure in North Dakota recently that can give us some general information, like how long and how it works in this state? Both of our parents are deceased and both left wills, leaving everything to the four children and one is deceased since before my parents passed away.

Thanks-

Lou

2

Lou,

My dad passed intestate with ND minerals in his estate. Although we live in Texas and had an administration, we had to open and close a case in ND to establish heirship.

I assume you do not live in ND?

Since my dad did not leave a will, I cannot answer your general question about probate, but I can tell you some proceedure will have to be done in ND even if you live in another state and have probate performed. ND does not recognize probate/administration proceedings from other states. That is my understanding.

Most states will recognize "foreign" probate. That is, if you probate in your home state, all you have to do, such as in Texas, is file exemplified copies (this is more than just certified copies) in the county deed records and that's it. Too bad it's not like that in other places.

I will suggest that you consult an attorney in ND for the final word.

Best Regards,

Phil

3

We don’t live in ND- thank u for sharing your experience- how long did your probate take?

4

Well, since my dad didn't leave a will, I cannot tell you what time a probate will take, but it only took a few weeks. It was a simple statement of heirship. At that point, my dad had been deceased for 30 years so his estate was well settled excpept in the eyes of the state of ND!

I can give you the name of our attorney in Dickinson if that would be of assistance to you and you can check him out. He's well regarded in oil and gas law. I will not post his name here, but you can email me at [email protected]

Phil

Lou Wheeler said:

We don't live in ND- thank u for sharing your experience- how long did your probate take?
5

Phil-

Can you please give me his name and phone number? I will try to call him this week.

Thanks,

Lou

6

Thanks so much Joel!

Lou

7

Joel,

We are also needing to probate a will in ND but the will is seven years old. 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?

Lou Wheeler said:

Thanks so much Joel!

Lou