North Dakota Probate Laws

Being told that you have to go through probate after you’ve suffered the loss of a loved one can be devastating. Probate laws in North Dakota govern how money from a deceased persons estate is passed to heirs and beneficiaries by the county court in North Dakota where the person passed away. 

It’s important to understand the probate laws of North Dakota because missing deadlines can cause delays in the probate process or even cost more money in attorneys fees.

The probate process is not required in North Dakota if the decedent has set up a trust (or family trust) which in most cases helps their estate to avoid probate. However, if those trusts or plans were not made, the only way estate assets can be distributed in North Dakota is through the probate. There are extreme cases where an estate will still need to pass through probate even if the decedent had a trust in place.

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North Dakota Probate Laws

How long does probate take in North Dakota?

In non-pandemic times, the probate assets (personal property) within an estate in North Dakota  can take anywhere from 9 months to 3 years to be distributed from the decedents estate. There are different variables including the following:

  • Size of the estate which dictates how long an inventory of assets will take
  • The amount of beneficiaries in the estate
  • How fast the executor of the estate can push the process along
  • If the will is contested
  • Probate Court Timelines


Probate proceedings take a long time. In addition, courts have been forced to go remote as a result of the pandemic, and thus have been slowed down as a result. There have been many articles recently published on the
delay in the court system which has caused a lot of anguish to estate heirs. You cannot distribute any assets to heirs until the estate goes through the legal process of probate. Doing so before the probate is closed can lead to legal issues for the executor and cause headaches for everyone involved. In this article we go over laws specific to North Dakota  as well as ways that you can receive your inheritance cash now.

Difference Between Inheritance Tax Laws and State Estate Tax Laws

Some states have an inheritance tax and others also have an estate tax or both. It’s important to understand the laws of your state to know if you have to pay an inheritance tax or an estate tax. North Dakota does not have an estate or inheritance tax. Here’s a list of states with inheritance tax and estate tax

States with an estate tax:

  • Connecticut
  • Illinois
  • Maine
  • Massachusetts
  • Minnesota
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington (state)

States with an inheritance tax:

  • Iowa
  • Kentucky
  • Nebraska
  • New Jersey
  • Pennsylvania

Estate and Inheritance Tax

  • Maryland

Immediate Options to receive Money If you can’t wait for North Dakota Probate

If you are stuck in the process of probate in North Dakota you might have thought about borrowing against your estate or getting a mortgage on a property in probate. You can get a loan on your inheritance or a probate advance. Many North Dakota residents opt to receive a probate advance which is an early cash advance on the inheritance that they will receive in the future. These funds can be used to pay for anything. There are no restrictions on the money and the process is fast and easy. Inheritance advances or probate advances are easier to obtain than a probate loan and do not require a credit check. An inheritance loan means that you will have to make monthly payments which is different than a probate advance because with an advance you are selling your inheritance which will be paid back at the time of final probate distribution.  

The advantages of an inheritance cash advance in North Dakota include:

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How to avoid probate in North Dakota

  • Hire a good estate planning attorney
  • Open bank accounts and designate heirs as beneficiaries of the accounts
  • Add a ‘transfer on death’ deed to any real estate you own
  • Create a revocable living trust
  • Make sure any real property is owned with tenants by entirety or has a beneficiary.

Benefits of receiving an advance on your inheritance

How to avoid probate in North Dakota

  • Hire a good estate planning attorney
  • Open bank accounts and designate heirs as beneficiaries of the accounts
  • Add a ‘transfer on death’ deed to any real estate you own
  • Create a revocable living trust
  • Make sure any real property is owned with tenants by entirety or has a beneficiary.

North Dakota Probate Questions

Here are some helpful resources to utilize when you enter into the probate process in North Dakota due to a loved one’s death and it can help you answer more questions about probate: 

Probate Code And North Dakota Law Resources:

You can find the government probate resources here: https://www.nolo.com/legal-encyclopedia/north-dakota-probate-shortcuts-31929.html https://www.ndcourts.gov/legal-self-help/formal-probate https://www.ndcourts.gov/legal-self-help/informal-probate https://www.legis.nd.gov/cencode/t30-1.html You can find the government probate resources here: Do You Regularly Help North Dakota Residents? Yes, we’ve helped people from the following counties in North Dakota with Inheritance Advanced. Cass County Burleigh County Grand Forks County Ward County

Contact Inheritance Advanced to Receive Your Inheritance Money In North Dakota Now

If you are entering into the probate process in North Dakota and you need cash immediately, inheritance advanced is here for you. Inheritance Advanced has worked with more than 1,700 satisfied clients across the country, including [state]. We have helped them obtain money to pay for the funeral, burial, medical bills, credit card debt, and everyday expenses instead of waiting for the probate process to complete. 

Our experienced team is compassionate, caring, and understanding. We know how difficult it is to wait for probate, that is why we give you your funds now and wait for probate ourselves, so you don’t have to.