Guides

North Dakota probate articles

• How Do You Make a Valid Will In North Dakota?

  2021-08-05

  In order to be valid under North Dakota law, a will must be: In writing; Signed by the testator or in the testator’s name; Either signed by at least two witnesses OR acknowledged by the testator in front of a notary or other individual auth…

• North Dakota Supreme Court Applies Uniform Probate Code to Clarify Scope of Probate Court’s Subject Matter Jurisdiction

  2023-08-29

  By: Daniel McGowan, Esq . It is not uncommon for a party to a loan, contract, or other bargained for exchange to die before the obligation is satisfied. When the obligor is the decedent, almost without exception judicial relief is sought th…

• North Dakota Supreme Court: Doctrine of Partial Invalidity Survived Adoption of Uniform Probate Code In North Dakota

  2020-09-01

  The doctrine of partial invalidity allows a court to separate out a portion of a will that is the product of undue influence from other, valid portions of a will. The North Dakota Supreme Court, in Estate of Grenz , determined that the doct…

• North Dakota Supreme Court: Failure To Overcome Presumption of Undue Influence Results In Void Bill of Transfer

  2020-07-15

  The presumption of undue influence under North Dakota law, once raised, must be overcome by the proponent of the instrument that is being challenged as the product of undue influence. In the June 29, 2020 opinion in Zundel v. Zundel , the N…

• North Dakota Supreme Court: Failure To Seek Stay of Partition Judgment Renders Appeal Moot

  2020-06-24

  In the June 2020 case of Nelson v. Nelson , the North Dakota Supreme Court issued a stark reminder that failure to seek a stay of a partition judgment renders an appeal moot once the property is sold. The Facts of Nelson v. Nelson In 2011, …

• North Dakota Supreme Court: Holographic Will Not Valid When Material Portions Not Proven To Be In Decedent’s Handwriting

  2022-01-11

  In Estate of Beach , a January 6, 2022 opinion from the North Dakota Supreme Court, the Court upheld the decision of the district court denying the admission of a holographic will to probate. The Facts of Estate of Beach Decedent, Skip Beac…

• North Dakota Supreme Court: No Personal Representative Or Attorney Fees For Actions In Pursuit of Personal Interests

  2020-06-11

  Although a personal representative in North Dakota is entitled to reasonable compensation from the estate, the fees and expenses incurred must be for the benefit of the estate, not just for the benefit of the personal representative. In San…

• Standing To Challenge Account Beneficiary Designations in North Dakota

  2020-05-15

  For a plaintiff to have standing to challenge a change in a beneficiary designation in North Dakota, the party must have suffered some injury and must assert their own legal rights and interests. In the May 2020 decision of Albrecht v. Albr…

• Surviving Spouse Rights North Dakota

  2019-09-27

  Surviving spouse rights in North Dakota include: Homestead Allowance Exempt Property Family Allowance Elective Share Surviving Spouse Rights in North Dakota When There Is No Valid Will When a decedent dies without a valid will, they have di…

• Who Are Next Of Kin In North Dakota?

  2020-11-25

  Next of kin for purposes of intestate succession in North Dakota include the: Surviving spouse Descendants Parents Siblings Grandparents Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to t…