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The total value of the probated property (minus any debts or other encumbrances on the property) is less than $50,000.00; No real property (real estate) is part of the probated estate; No probate case is started or completed in a North Dakota state district court, a court of any other state, or a tribal court; and.

In North Dakota, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.

North Dakota Century Code Section 30.1-08-02(2) requires that a Holographic Will must be hand written by the testator and dated and signed by the testator.

In North Dakota, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.

In North Dakota, you must file probate within three years of the individual's passing. Filing within three years allows you to qualify for informal probate or affidavit. If you wait longer than three years to file, the estate has to go through normal probate.