Probate Law
Probate is the legal process necessary to ensure your loved one's assets are distributed legally or in the way they desired after they pass away. Whether your family member passed away with a will (testate) or without a will (intestate), North Dakota law provides guidelines for how the estate should be administered. At Maverick Law Group, we recognize that probate can be one of the most stressful times for a family. After a loved one passes away, it can be overwhelming to begin the process to distribute their estate. By ensuring that you have knowledgeable, experienced counsel, you can rest easy knowing that you will have guidance every step of the way. We have assisted many Personal Representatives from across the country in successfully administering their loved ones' estates in North Dakota.
Anthony Cooper on Probate Law
Probate Services We Provide
Whether you're serving as a Personal Representative, an heir with concerns about estate administration, or need to open probate years after a loved one's passing, we provide comprehensive representation to personal representatives and heirs from across the country in successfully administering estates in North Dakota, providing guidance every step of the way.
Personal Representative Services
In all probate cases, it is necessary to designate an individual known as a Personal Representative. If your family member had a will, they probably picked someone to fill this important role. If they did not, North Dakota specifies who has the highest priority to be appointed based on their relationship with the decedent. It is the Personal Representative's job to make sure that everything is handled in a timely, legal manner.
Heir & Creditor Representation
What if you're not the Personal Representative? What if you're an heir who doesn't agree with how the estate is being handled, or a business to whom the decedent owed money? We can help you with those needs as well to ensure your interests are protected throughout the probate process.
Delayed or Late Probate
What if your loved one passed away many years ago, probate was never done, and now real property cannot be deeded to their heirs? Although North Dakota law does have some restrictions on timelines, generally probate can be opened at any time to help your family deed land, minerals, or other assets-even many years after the individual has passed away.
Understanding the Probate Process
Navigating probate requires understanding key legal concepts and roles. We guide you through each aspect of the process to ensure your loved one's estate is handled properly.
Step 1: Testate vs. Intestate
If your loved one passed away with a will, they passed away testate. If they passed away without a will, they passed away intestate. This information helps the court determine how their assets should be handled. If an individual passes away intestate, North Dakota law has guidelines for how that estate should be administered and to whom.
Step 2: Personal Representative Appointment
Every probate case requires designating a Personal Representative to manage the estate. If your family member had a will, they likely named someone for this role. If not, North Dakota law specifies who has priority for appointment based on their relationship with the decedent.
Step 3: Estate Administration
The Personal Representative ensures everything is handled in a timely, legal manner. This includes inventorying assets, paying debts and taxes, and distributing property to heirs according to the will or state law.
Step 4: Protecting All Parties' Interests
Sometimes probate can be expensive and lengthy, especially when family members disagree about what should be done with assets. We represent Personal Representatives, heirs, and creditors to ensure everyone's interests are protected throughout the process.
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Probate Law On Our Blog
Probate is the legal process necessary to ensure a decedent’s assets are distributed according to their will or, if there is no will, according to North Dakota intestacy laws. A probate attorney assists personal representatives and interested parties through asset collection, creditor notices, tax filings, and distribution to heirs.
A Personal Representative is the person appointed to manage an estate during probate. Their duties include locating and valuing assets, notifying creditors, paying valid debts and taxes, and distributing property to beneficiaries. If the decedent named a Personal Representative in a will, the court usually honors that choice; if not, North Dakota law sets priority for appointments.
Generally no. Probate can often be opened many years after a person’s death to clear title to real property, minerals, or other assets. North Dakota does have certain timing rules for some claims, but we can often assist in opening probate to resolve long-standing title or asset transfer issues.