Probate & Trust Law Section Conference Manual ... - Minnesota CLE

insolvent estates. Has priority over all claims except homestead
allowance. Amount is subjective and is based on the previous
standard of living and the nature of resources available, but not to
exceed $27,000.
5. Deposit of Wills. N.D.C.C. § 30.1-11-01.
An original will may be deposited with a county recorder during
the testator’s lifetime, or even at the death of the testator when
there is no probate. Usual fee is $10.
6. Probate nuances in North Dakota:
Notice is published once a week for three (3) consecutive weeks.
Notice of creditor period is three (3) months after the date of first
publication or mailed notice.
North Dakota Department of Human Services has a separate
priority of claims, including new legislation regarding the priority
for the payment of Medicaid recipient liability.
Western North Dakota probate rules (See Exhibit “A”). Due to all
of the “stale” mineral interest probates needed in Western North
Dakota, the judges in those counties developed these local rules
for: whenit has been more than 3 years since date of death;
ancillary probate; and, determination of heirship.
Bond is rarely required.
No-appearance hearings are most common.
Inventory and Final Account can usually be waived by consent.
Ancillary probates (foreign personal representative) require that
authenticated or certified copies of the appointment of the personal
representative and any bond be filed with a North Dakota Court,
and the Court will enter an Order acknowledging the filing.
7. North Dakota Estate Tax. The estate tax in North Dakota is perpetually
federalized and the taxable estate definition is identical to the federal
definition.
D. Trusts and Special Needs Trusts.
1. North Dakota Uniform Trust Code, N.D.C.C. Chapter 59-09 enacted in
2007.
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