Petition to Probate a North Dakota Will

North Dakota has two probate processes: informal and formal. Each process requires a petition to probate a North Dakota Will to be filed with the court. The contents of these petitions must be completed as required by title 30.1 uniform probate code. Here are the relevant sections which deal with the respective probate petitions:
30.1-14-01. (3-301) Informal probate or appointment proceedings – Application – Contents. 1. Applications for informal probate or informal appointment shall be directed to the court, and verified by the applicant to be accurate and complete to the best of the applicant’s knowledge and belief as to the following information: a. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following: (1) A statement of the interest of the applicant. (2) The name and date of death of the decedent, the decedent’s age, and the county and state of domicile at the time of death, and the names and addresses of the spouse, children, heirs, and devisees, and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant. (3) If the decedent was not domiciled in the state at the time of death, a statement showing venue. (4) A statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated. (5) A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere. (6) A statement that the time limit for informal probate or appointment under this chapter has not expired because three years or less have elapsed since the decedent’s death, or, if more than three years from the death have elapsed, circumstances described in section 30.1-12-08 have occurred authorizing tardy probate or appointment. b. An application for informal probate of a will shall state the following, in addition to the statements required by subdivision a: (1) That the original of the decedent’s last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application. (2) That the applicant, to the best of the applicant’s knowledge, believes the will to have been validly executed. (3) That after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent’s last will. 30.1-14-01.1. Duty of court to provide forms to an applicant – Assistance of attorney not required. The court shall provide the necessary forms to an applicant who requests aid in using the informal probate or appointment procedure. The forms and explanatory materials must be prepared by the state court administrator and provided at cost. The assistance of an attorney is not required for informal probate or appointment procedure. 30.1-15-02. (3-402) Formal testacy or appointment proceedings – Petition – Contents. 1. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will: a. Requests an order as to the testacy of the decedent in relation to a particular instrument which may or may not have been informally probated and determining the heirs. b. Contains the statements required for informal applications as stated in paragraphs 1 through 6 of subdivision a of subsection 1 of section 30.1-14-01 and the statements required by paragraphs 2 and 3 of subdivision b of subsection 1 of section 30.1-14-01. c. States whether the original of the last will of the decedent is in the possession of the court or accompanies the petition.

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