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Commonly Asked Questions about North Dakota Estate Planning

It can be stressful and time-consuming, not to mention costly. You can potentially avoid probate by using some or all of the following strategies: Establishing a Revocable Living Trust. Titling property Community Property With Right of Survivorship; Joint Tenancy; or Tenancy by the Entirety.
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.
You can make your own will in North Dakota, using Nolos Quicken WillMaker Trust. However, you might want to consult a lawyer in some situations.
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.
North Dakota allows estate assets to be distributed using a small estate affidavit and/or through a summary administration procedure. To use a small estate affidavit the value of the entire estate subject to distribution or succession less liens and encumbrance cannot exceed $50,000.
North Dakota offers an out-of-court affidavit procedure that allows inheritors to skip probate altogether. To qualify for this procedure, the estate (the property you own at death) must meet these requirements: the value of the estate cant exceed $50,000. theres no real estate thats subject to probate.
The gross value of the estate is the total value of all assets. It is the value of the estate before deducting mortgages, funeral expenses and debts. The net estate value is the gross estate minus liabilities, such as debts and funeral expenses, before Inheritance Tax exemptions have been applied.