Question 1

What makes a will valid in North Dakota?

Accepted Answer

Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments.

Question 2

Is a handwritten will valid in North Dakota?

Accepted Answer

Yes. A will that does not meet the witness or notary requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will can be shown by outside evidence, including portions not in the testator's handwriting.

Question 3

Does a will need to be notarized in North Dakota?

Accepted Answer

A witnessed will can be made self-proved at signing by the testator's acknowledgment and the witnesses' affidavits, made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal, in substantially the form set out in the statute.

Question 4

Who inherits if someone dies without a will in North Dakota?

Accepted Answer

Surviving spouse takes the entire estate if no descendant or parent of the decedent survives, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. If no descendant but a parent survives: spouse takes the first $300,000 plus three-fourths of the rest. If all the decedent's descendants are also the spouse's but the spouse has other descendants: spouse takes the first $225,000 plus one-half of the rest. If any of the decedent's descendants are not the spouse's: spouse takes the first $150,000 plus one-half of the rest. Whatever does not pass to the spouse (or everything, if there is no spouse) goes to descendants by representation; if none, to parents equally or the surviving parent; if none, to the parents' descendants (brothers, sisters, nieces, nephews) by representation; then to grandparents and their descendants, half to each side.

Question 5

What is a surviving spouse entitled to in North Dakota?

Accepted Answer

A surviving spouse of a decedent who died domiciled in North Dakota may elect to take fifty percent of the augmented estate (which includes certain nonprobate transfers). If the amounts counted toward the share total less than $75,000, a supplemental elective-share amount brings it up to $75,000. The petition must be filed within nine months after death or six months after the will is probated, whichever is later. Homestead allowance, exempt property and family allowance are in addition to the elective share.

Question 6

What is the small estate limit in North Dakota?

Accepted Answer

Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court.

Question 7

Is there a simplified probate process in North Dakota?

Accepted Answer

North Dakota uses the Uniform Probate Code's informal probate, which can be opened by application to the district court without a hearing; the court must provide forms, and an attorney is not required. If the inventory shows the estate, less liens and encumbrances, does not exceed the homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate immediately without giving notice to creditors and close it by a sworn closing statement.

Question 8

How does probate work in North Dakota?

Accepted Answer

Informal administration: (1) any time after five days from death, file with the district court the Application for Informal Probate/Appointment of Personal Representative (with the original will, if any) and obtain the Statement of Informal Probate and Letters; (2) send Notice and Information to Heirs and Devisees; (3) optionally publish a notice to creditors once a week for three weeks and mail it to known creditors; (4) within six months after appointment or nine months after death, whichever is later, prepare the inventory and appraisement and file it or send it to heirs or devisees; (5) pay allowed claims, expenses and taxes; (6) distribute property (real estate by personal representative's deed of distribution, recorded with certified letters); (7) close the estate by filing a verified closing statement, no earlier than three months after first publication and mailing of the creditor notice.

Question 9

How long do creditors have to file claims against an estate in North Dakota?

Accepted Answer

If the personal representative publishes notice once a week for three successive weeks and mails notice to known or reasonably ascertainable creditors, claims arising before death are barred unless presented within three months after the first publication and mailing. If notice is not published and mailed, claims are barred three years after death. Claims arising after death must generally be presented within three months after they arise (four months after performance is due for contracts with the personal representative).

Question 10

Who can be an executor in North Dakota?

Accepted Answer

Priority for appointment: the person named in the probated will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, the decedent's guardian or conservator, a trust company, and (45 days after death) any creditor. A person under 18 or found unsuitable by the court cannot serve. The statute does not bar nonresidents, and a personal representative appointed in the decedent's home state has priority. No bond is required in informal proceedings unless the will requires it, an interested person demands it, or a special administrator is appointed; in formal proceedings the court may require bond unless the will waives it.

Question 11

Does North Dakota allow transfer-on-death deeds?

Accepted Answer

Yes. Under the Uniform Real Property Transfer on Death Act, an individual with the capacity to make a will may transfer real property to beneficiaries effective at death. The deed must have the elements and formalities of a recordable deed, state that the transfer occurs at the owner's death, use the phrase "transfer on death deed" or "TOD" in its title, and be recorded before the owner's death with the county recorder where the property is located. It is revocable, and notice, delivery, acceptance or consideration is not required. An auditor's certificate of transfer and a statement of full consideration are not required to record it.

Question 12

What does a quitclaim deed need to be valid in North Dakota?

Accepted Answer

A deed must be in writing and subscribed by the grantor or the grantor's authorized agent. To be recorded, an individual's signature must be acknowledged before a notary or other authorized officer (or proved by a subscribing witness), with original signatures. The deed must show the post-office address (and street address within a city) of each grantee, and a deed with a metes-and-bounds description must name who drafted the legal description. The recorder will not record the deed without the county auditor's certificate of transfer, and the grantee must certify on the deed a statement of the full consideration paid or a listed exemption. Deeds are recorded with the county recorder where the land is located. A quitclaim deed is a valid conveyance.

Question 13

What are the requirements for a power of attorney in North Dakota?

Accepted Answer

North Dakota follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if it contains words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time" or otherwise shows that intent; it is not durable by default. The chapter does not provide a statutory form or set witness or notary requirements, but a power of attorney used for recordable real estate documents must be acknowledged to be recorded. Unless limited, a power of attorney giving the agent full power over the principal's affairs lets the agent make gifts.

Question 14

What are the requirements for a health care directive in North Dakota?

Accepted Answer

A health care directive may name a health care agent, give health care instructions, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or another person at the principal's direction), and have the signature verified by a notary public or at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee. The notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is provided; other forms that comply with the chapter may be used.

Question 15

Does North Dakota have an estate or inheritance tax?

Accepted Answer

No North Dakota estate tax is currently due. North Dakota's estate tax equals the federal credit for state death taxes, so for deaths after January 1, 2005 no estate tax is paid to North Dakota. North Dakota has no inheritance tax (repealed in 1927) and no gift tax. Estates required to file a federal estate tax return must still file North Dakota Form 54-91, due 15 months after death.

Question 16

How do I make a living will in North Dakota?

Accepted Answer

North Dakota uses a single document, the health care directive, which can give health care instructions (the living-will part), name a health care agent, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or by another person at the principal's direction), and have the signature verified by a notary public or by at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee, and the notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is printed in the statute; other forms that meet the chapter's requirements may also be used.

Question 17

How do I make a medical power of attorney in North Dakota?

Accepted Answer

The health care agent is appointed in a health care directive (North Dakota does not use a separate 'health care proxy' document). The same signing rules apply: written, dated, signed by the principal, and either notarized or signed before two adult witnesses who meet the statute's eligibility rules (the agent cannot be a witness). The optional statutory Health Care Directive form includes a section for naming the agent and alternates.

Question 18

How do living trusts work in North Dakota?

Accepted Answer

North Dakota has adopted the Uniform Trust Code (N.D. Cent. Code chapters 59-09 through 59-19). A trust may be created by transferring property to a trustee during life, by declaring that you hold identifiable property as trustee, or by will. The settlor must have capacity and intend to create the trust, there must be a definite beneficiary, the trustee must have duties, and the same person cannot be the sole trustee and sole beneficiary. A written instrument is not required by the trust code, but an oral trust can be proved only by clear and convincing evidence (and real estate transfers still need a written deed). A trust is revocable unless its terms expressly say it is irrevocable (for trusts created by instruments signed on or after August 1, 2007). While the trust is revocable, the trustee's duties are owed to the settlor. Property that has been retitled to the trustee passes under the trust terms at death rather than through probate; property left in the decedent's own name may still need probate or a small estate procedure.

Question 19

What does an executor have to do in North Dakota?

Accepted Answer

The personal representative is a fiduciary held to the standards of care that apply to trustees and must settle and distribute the estate as quickly and efficiently as is consistent with the best interests of the estate. Main duties and deadlines: within 30 days after appointment, send information about the appointment to the heirs and devisees; within six months after appointment or nine months after death, whichever is later, prepare an inventory listing the decedent's property at fair market value as of the date of death and either file it with the court or mail it to the heirs or devisees; optionally publish a notice to creditors once a week for three weeks and mail it to known creditors, which bars most claims not presented within three months; pay allowed claims, expenses and taxes; distribute the property; and close the estate, for example by a verified closing statement filed no earlier than three months after the first publication and mailing of the creditor notice.

Question 20

How do I get letters testamentary in North Dakota?

Accepted Answer

Letters are issued by the district court. In informal probate, any time after five days from death, the applicant files an Application for Informal Probate/Appointment of Personal Representative (with the original will, if any) and receives a Statement of Informal Probate and Letters; formal probate is used when the will is disputed or in other cases requiring a court order. Before receiving letters, the personal representative must qualify by filing any required bond and a statement accepting the duties of the office. Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it. The North Dakota courts publish a guidebook with forms, including Letters Testamentary.

Question 21

Does North Dakota have an affidavit of heirship?

Accepted Answer

No statute provides a stand-alone affidavit of heirship for real estate. Heirs are determined in a court proceeding: a petition for adjudication of intestacy can ask the district court for a judicial finding that the decedent left no will and an order determining the heirs, with or without appointing an administrator. Real estate is then usually transferred by a personal representative's deed of distribution. The small estate affidavit covers personal property only.

Question 22

How can you avoid probate in North Dakota?

Accepted Answer

Non-probate transfers available in North Dakota: (1) Transfer on death deed for real estate, recorded before death (N.D. Cent. Code ch. 30.1-32.1). (2) Payable-on-death (P.O.D.) bank accounts and multiple-party accounts, paid to the surviving party or beneficiary on proof of death (§§ 30.1-31-04, 30.1-31-16). (3) Transfer-on-death registration of securities and brokerage accounts (§§ 30.1-31-21 to 30.1-31-30). (4) Beneficiary designations in insurance, retirement plans, trusts and similar written instruments, which are nontestamentary (§ 30.1-31-01). (5) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (NDDOT). (6) Small estate affidavit for personal property when the estate is $100,000 or less, 30 days after death (§ 30.1-23-01). (7) Revocable living trust (Uniform Trust Code).

Question 23

Where can I get a power of attorney form in North Dakota?

Accepted Answer

For health care, N.D. Cent. Code § 23-06.5-17 sets out an optional "Health Care Directive" form that lets you name a health care agent, give health care instructions, and make an organ and tissue donation; another form may be used if it complies with the chapter. A health care directive must be in writing, dated, and signed by the principal (or by someone the principal authorizes), and the signature must be verified by a notary public or by at least two witnesses age 18 or older; at least one witness must not be a health care or long-term care provider giving direct care to the principal. North Dakota's durable power of attorney chapter (N.D. Cent. Code ch. 30.1-30) does not contain a statutory form for a financial power of attorney.

Question 24

How do I search probate court records in North Dakota?

Accepted Answer

Probate cases are filed in the district court. The North Dakota Court System's public case search (ND Court Records) covers civil, family and probate case records statewide or by county; you can search by case number, party name, attorney or date filed.

Question 25

How do I transfer a car title after someone dies in North Dakota?

Accepted Answer

NDDOT accepts: (A) for an estate under $100,000, an Affidavit for Collection of Personal Property of the Decedent (SFN 2916) with the title; (B) if the title is held by joint tenants with right of survivorship, the surviving owner signs the title and attaches a certified copy of the death certificate; (C) otherwise, a copy of the letters of administration, letters testamentary, or a court order must accompany the title. A will by itself is not accepted to transfer a title. A transfer by inheritance or bequest is exempt from motor vehicle excise tax, but buying a vehicle from an estate is taxable.

Requirements for a valid will	Any adult (18 or older) of sound mind may make a will. The will must be in writing and signed by the testator (or by another person in the testator's conscious presence and at the testator's direction). It must then either be signed by at least two witnesses, each of whom signs within a reasonable time after seeing the testator sign or acknowledge the signature or the will, or be acknowledged by the testator before a notary public or other officer authorized to take acknowledgments. North Dakota accepts a will acknowledged before a notary, without witnesses, as an alternative to two witnesses. Source: N.D. Cent. Code §§ 30.1-08-01, 30.1-08-02
Handwritten (holographic) wills	Yes. A will that does not meet the witness or notary requirements is valid as a holographic will, whether or not witnessed, if the signature and the material portions of the document are in the testator's handwriting. Intent that the document be a will can be shown by outside evidence, including portions not in the testator's handwriting. Source: N.D. Cent. Code § 30.1-08-02(2)-(3)
Self-proving affidavit	A witnessed will can be made self-proved at signing by the testator's acknowledgment and the witnesses' affidavits, made before an officer authorized to administer oaths and evidenced by the officer's certificate under official seal, in substantially the form set out in the statute. Source: N.D. Cent. Code § 30.1-08-04

Probate steps	Informal administration: (1) any time after five days from death, file with the district court the Application for Informal Probate/Appointment of Personal Representative (with the original will, if any) and obtain the Statement of Informal Probate and Letters; (2) send Notice and Information to Heirs and Devisees; (3) optionally publish a notice to creditors once a week for three weeks and mail it to known creditors; (4) within six months after appointment or nine months after death, whichever is later, prepare the inventory and appraisement and file it or send it to heirs or devisees; (5) pay allowed claims, expenses and taxes; (6) distribute property (real estate by personal representative's deed of distribution, recorded with certified letters); (7) close the estate by filing a verified closing statement, no earlier than three months after first publication and mailing of the creditor notice. Formal probate is also available, for example when the will is disputed or more than three years have passed since death. Source: N.D. Cent. Code §§ 30.1-14-02, 30.1-18-05, 30.1-18-06, 30.1-19-01, 30.1-21-03
Simplified probate	North Dakota uses the Uniform Probate Code's informal probate, which can be opened by application to the district court without a hearing; the court must provide forms, and an attorney is not required. If the inventory shows the estate, less liens and encumbrances, does not exceed the homestead, exempt property, family allowance, administration costs, reasonable funeral expenses and last-illness medical expenses, the personal representative may distribute the estate immediately without giving notice to creditors and close it by a sworn closing statement. There is no separate fixed-dollar summary administration; the summary procedure turns on the exemptions and allowances listed in the statute. Source: N.D. Cent. Code §§ 30.1-14-01.1, 30.1-23-03, 30.1-23-04
Small estate affidavit	Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court. The limit rose from $50,000 to $100,000 under 2025 House Bill 1224 (signed March 2025, no emergency clause; effective August 1, 2025). The court's self-help instructions describe the limit as a net value of less than $100,000.00. Source: N.D. Cent. Code §§ 30.1-23-01, 30.1-23-02
Deadline for creditor claims	If the personal representative publishes notice once a week for three successive weeks and mails notice to known or reasonably ascertainable creditors, claims arising before death are barred unless presented within three months after the first publication and mailing. If notice is not published and mailed, claims are barred three years after death. Claims arising after death must generally be presented within three months after they arise (four months after performance is due for contracts with the personal representative). Source: N.D. Cent. Code §§ 30.1-19-01, 30.1-19-03
Who can be executor	Priority for appointment: the person named in the probated will, then a surviving spouse who is a devisee, other devisees, the surviving spouse, other heirs, the decedent's guardian or conservator, a trust company, and (45 days after death) any creditor. A person under 18 or found unsuitable by the court cannot serve. The statute does not bar nonresidents, and a personal representative appointed in the decedent's home state has priority. No bond is required in informal proceedings unless the will requires it, an interested person demands it, or a special administrator is appointed; in formal proceedings the court may require bond unless the will waives it. Bond rules are in chapter 30.1-17 (https://ndlegis.gov/cencode/t30-1c17.pdf). Source: N.D. Cent. Code §§ 30.1-13-03, 30.1-17-03
Finding probate court records	Probate cases are filed in the district court. The North Dakota Court System's public case search (ND Court Records) covers civil, family and probate case records statewide or by county; you can search by case number, party name, attorney or date filed. Source: North Dakota Court System, Civil, Family and Probate Case Records Searches

Financial power of attorney	North Dakota follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if it contains words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time" or otherwise shows that intent; it is not durable by default. The chapter does not provide a statutory form or set witness or notary requirements, but a power of attorney used for recordable real estate documents must be acknowledged to be recorded. Unless limited, a power of attorney giving the agent full power over the principal's affairs lets the agent make gifts. Source: N.D. Cent. Code §§ 30.1-30-01 to 30.1-30-06; § 47-19-03
Health care directive	A health care directive may name a health care agent, give health care instructions, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or another person at the principal's direction), and have the signature verified by a notary public or at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee. The notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is provided; other forms that comply with the chapter may be used. Source: N.D. Cent. Code §§ 23-06.5-05, 23-06.5-16, 23-06.5-17
Official power of attorney forms	For health care, N.D. Cent. Code § 23-06.5-17 sets out an optional "Health Care Directive" form that lets you name a health care agent, give health care instructions, and make an organ and tissue donation; another form may be used if it complies with the chapter. A health care directive must be in writing, dated, and signed by the principal (or by someone the principal authorizes), and the signature must be verified by a notary public or by at least two witnesses age 18 or older; at least one witness must not be a health care or long-term care provider giving direct care to the principal. North Dakota's durable power of attorney chapter (N.D. Cent. Code ch. 30.1-30) does not contain a statutory form for a financial power of attorney. Durable power of attorney chapter: https://ndlegis.gov/cencode/t30-1c30.html Source: N.D. Cent. Code §§ 23-06.5-05, 23-06.5-17; ch. 30.1-30

Living will / advance directive	North Dakota uses a single document, the health care directive, which can give health care instructions (the living-will part), name a health care agent, or both. It must be in writing, dated, state the principal's name, be signed by the principal (or by another person at the principal's direction), and have the signature verified by a notary public or by at least two witnesses age 18 or older. At least one witness may not be a direct-care health care provider or its employee, and the notary or witnesses may not be the agent, the spouse or an heir, a relative, a person entitled to part of the estate, a creditor, a person financially responsible for the principal's care, or the attending physician. An optional statutory Health Care Directive form is printed in the statute; other forms that meet the chapter's requirements may also be used. Source: N.D. Cent. Code §§ 23-06.5-05, 23-06.5-16, 23-06.5-17
Medical power of attorney	The health care agent is appointed in a health care directive (North Dakota does not use a separate 'health care proxy' document). The same signing rules apply: written, dated, signed by the principal, and either notarized or signed before two adult witnesses who meet the statute's eligibility rules (the agent cannot be a witness). The optional statutory Health Care Directive form includes a section for naming the agent and alternates. Source: N.D. Cent. Code §§ 23-06.5-05, 23-06.5-17
Revocable living trust	North Dakota has adopted the Uniform Trust Code (N.D. Cent. Code chapters 59-09 through 59-19). A trust may be created by transferring property to a trustee during life, by declaring that you hold identifiable property as trustee, or by will. The settlor must have capacity and intend to create the trust, there must be a definite beneficiary, the trustee must have duties, and the same person cannot be the sole trustee and sole beneficiary. A written instrument is not required by the trust code, but an oral trust can be proved only by clear and convincing evidence (and real estate transfers still need a written deed). A trust is revocable unless its terms expressly say it is irrevocable (for trusts created by instruments signed on or after August 1, 2007). While the trust is revocable, the trustee's duties are owed to the settlor. Property that has been retitled to the trustee passes under the trust terms at death rather than through probate; property left in the decedent's own name may still need probate or a small estate procedure. Creation rules are in chapter 59-12: https://ndlegis.gov/cencode/t59c12.pdf Source: N.D. Cent. Code §§ 59-09-01, 59-12-01, 59-12-02, 59-12-07, 59-14-02, 59-14-03
Ways to avoid probate	Non-probate transfers available in North Dakota: (1) Transfer on death deed for real estate, recorded before death (N.D. Cent. Code ch. 30.1-32.1). (2) Payable-on-death (P.O.D.) bank accounts and multiple-party accounts, paid to the surviving party or beneficiary on proof of death (§§ 30.1-31-04, 30.1-31-16). (3) Transfer-on-death registration of securities and brokerage accounts (§§ 30.1-31-21 to 30.1-31-30). (4) Beneficiary designations in insurance, retirement plans, trusts and similar written instruments, which are nontestamentary (§ 30.1-31-01). (5) Vehicles titled to joint tenants with right of survivorship pass to the survivor on a death certificate (NDDOT). (6) Small estate affidavit for personal property when the estate is $100,000 or less, 30 days after death (§ 30.1-23-01). (7) Revocable living trust (Uniform Trust Code). TOD deed statute: https://ndlegis.gov/cencode/t30-1c32-1.pdf; small estate affidavit: https://ndlegis.gov/cencode/t30-1c23.pdf Source: N.D. Cent. Code §§ 30.1-31-01, 30.1-31-16, 30.1-31-29; ch. 30.1-32.1; § 30.1-23-01

Executor's duties	The personal representative is a fiduciary held to the standards of care that apply to trustees and must settle and distribute the estate as quickly and efficiently as is consistent with the best interests of the estate. Main duties and deadlines: within 30 days after appointment, send information about the appointment to the heirs and devisees; within six months after appointment or nine months after death, whichever is later, prepare an inventory listing the decedent's property at fair market value as of the date of death and either file it with the court or mail it to the heirs or devisees; optionally publish a notice to creditors once a week for three weeks and mail it to known creditors, which bars most claims not presented within three months; pay allowed claims, expenses and taxes; distribute the property; and close the estate, for example by a verified closing statement filed no earlier than three months after the first publication and mailing of the creditor notice. Source: N.D. Cent. Code §§ 30.1-18-03, 30.1-18-05, 30.1-18-06, 30.1-19-01, 30.1-21-03
Letters testamentary	Letters are issued by the district court. In informal probate, any time after five days from death, the applicant files an Application for Informal Probate/Appointment of Personal Representative (with the original will, if any) and receives a Statement of Informal Probate and Letters; formal probate is used when the will is disputed or in other cases requiring a court order. Before receiving letters, the personal representative must qualify by filing any required bond and a statement accepting the duties of the office. Bond is generally not required in informal proceedings unless the will requires it or an interested person demands it. The North Dakota courts publish a guidebook with forms, including Letters Testamentary. Source: N.D. Cent. Code §§ 30.1-14-02, 30.1-17-01, 30.1-17-03
Affidavit / determination of heirship	No statute provides a stand-alone affidavit of heirship for real estate. Heirs are determined in a court proceeding: a petition for adjudication of intestacy can ask the district court for a judicial finding that the decedent left no will and an order determining the heirs, with or without appointing an administrator. Real estate is then usually transferred by a personal representative's deed of distribution. The small estate affidavit covers personal property only. Source: N.D. Cent. Code §§ 30.1-15-02, 30.1-23-01
Transferring a car after death	NDDOT accepts: (A) for an estate under $100,000, an Affidavit for Collection of Personal Property of the Decedent (SFN 2916) with the title; (B) if the title is held by joint tenants with right of survivorship, the surviving owner signs the title and attaches a certified copy of the death certificate; (C) otherwise, a copy of the letters of administration, letters testamentary, or a court order must accompany the title. A will by itself is not accepted to transfer a title. A transfer by inheritance or bequest is exempt from motor vehicle excise tax, but buying a vehicle from an estate is taxable. Source: NDDOT Motor Vehicle Registration Manual (Estate; Title Signatures; Excise Tax Exemptions); N.D. Cent. Code § 30.1-23-01

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