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The simple answer is yes, probate is usually required in North Dakota. However, there are exceptions where an estate may not need to go through probate for the heirs to gain access to the assets.
North Dakota residents do not need to worry about a state estate or inheritance tax. North Dakota does not have these kinds of taxes, which some states levy on people who either owned property in the state where they lived (estate tax) or who inherit property from someone who lived there (inheritance tax).
Inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source.
North Dakota residents do not need to worry about a state estate or inheritance tax. North Dakota does not have these kinds of taxes, which some states levy on people who either owned property in the state where they lived (estate tax) or who inherit property from someone who lived there (inheritance tax).
Retirement accountsIRAs or 401(k)s, for examplefor which a beneficiary was named. Life insurance proceeds (unless the estate is named as beneficiary, which is rare) Property held in a living trust. Funds in a payable-on-death (POD) bank account.
In North Dakota, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
While federal estate taxes and state-level estate or inheritance taxes may apply to estates that exceed the applicable thresholds (for example, in 2021 the federal estate tax exemption amount is $11.7 million for an individual), receipt of an inheritance does not result in taxable income for federal or state income tax
North Dakota's estate tax is perpetually 'federalized.No estate death tax is due to the state of North Dakota at this time. Form 54-91, the North Dakota Estate Tax Return, does not need to be filed when meeting the federal exemption requirement unless the federal state death tax credit is reinstated.
Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. Name Beneficiaries on Your Retirement and Bank Accounts. For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Hold Property Jointly.