Informal Probate
Overview
When a person dies, someone needs to deal with the deceased person’s estate. For example, the deceased person’s taxes and bills need to paid, their creditors and other entities notified, and their property needs to be inventoried and distributed to others based on the deceased person’s will, or if there isn’t a will, according to North Dakota law.
Probate is the court-supervised process of dealing with a deceased person’s estate. Probate is the only way to have a personal representative (executor) appointed to handle the deceased person’s estate.
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.
The informal probate process also allows a person to informally probate an estate when the individual passed away without a will. This is called intestate succession and the heirs of the deceased individual are determined by North Dakota law.
In general, informal probate may be used when less than 3 years have passed from the date of death and the validity of the will isn't disputed.
Forms
The North Dakota Supreme Court has assembled a guidebook, Informal Administration of an Estate, and a series of forms that may be used with it. The forms are in the guidebook.
The forms and instructions can be printed out and handwritten, if desired. You can fill in the blanks of the forms listed below by typing in the requested information on your computer keyboard. Print out each form when you complete your work. The form will clear when you close it.
Forms aren't available for every situation that may occur in an informal probate proceeding. If a form isn't in the “Informal Administration of an Estate” guidebook, the self-represented individual needs to either create the probate document themselves, or retain an attorney to do so.
- Guidebook and Forms for Informal Administration of an Estate
- Claims Against an Estate
- Demand for Notice
- Affidavit of Service by Mail Form
- Affidavit of Service by Personal Delivery Form
Selected Statutes (Laws) & Rules
- North Dakota Century Code Title 30.1: Uniform Probate Code
- North Dakota Century Code Chapter 30.1-04: Intestate Succession
- North Dakota Century Code Chapter 30.1-14: Informal Probate and Appointment Proceedings
- North Dakota Rules of Civil Procedure
Other Resources
- Affidavit for Collection of Personal Property of the Decedent
- Formal Probate
- Legal Research Resources for Informal Probate (Flickertale, May 2020, Pages 11-12)
- Filing Fee Waiver Request
If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.
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If you have a question relating to a case that is already filed please contact the clerk of court for the county.