North Dakota Inheritance Loans and Probate Advance Law

Jan 07 2019

Probate is known as a legal process that is often required for settling up an estate when a person passes away if they own property. Every state has laws on how probate should go and what steps must be taken. These statutes or codes tell what property must be probated as well as when everything must be completed and what documentation is necessary.

What are North Dakota Probate Laws?

North Dakota has both formal and informal probate, depending on the exact circumstances of the estate. In addition, you may be able to avoid probate completely if the estate meets specific requirements. Regardless of how the estate is handled, an administrator will need to be appointed to take charge and act on behalf of the estate.

While you are not required by law to hire a probate attorney to handle a North Dakota estate, you may find it helpful to have an experienced attorney to handle the process. They can explain unfamiliar terms and take you through each step of the process. An attorney will know about any changes in the law and the deadlines you must meet. They work to protect the interests of the heirs and to avoid any delays in probate.

What is the Probate Process in North Dakota?

There are specific steps which must be followed in probate. It’s helpful to know these steps even if you’re working with an attorney.

  1. The first step is to open probate by filing a petition with the court. The person who should do this is the executor or administrator.
  2. The court will appoint the person to act as executor or administrator and provide paperwork to give them the necessary authority to complete their tasks.
  3. The executor or administrator will need to notify creditors of probate and publish the notice in a newspaper for unknown creditors.
  4. The executor must locate all assets of the estate and secure them. They will need to create an inventory for the court and value everything. The executor may need to hire an appraiser.
  5. The next step is to review all claims by creditors and pay them if they are valid. Assets may need to be sold if there isn’t enough cash or other liquid assets to pay.
  6. It is the executor’s job to defend the will against any contested claims made against it.
  7. All taxes must be paid, and the final tax return filed.
  8. Once everything else is taken care of, the executor will pay the heirs all remaining assets based on the terms of the will.

Once the estate has been dispersed, probate is closed. The executor carries a lot of responsibility when taking care of the estate. However, it is the court that controls the estate until everything is completed.

What Property Will Need to Go Through Probate in North Dakota?

When a person dies in North Dakota, all of their property may not necessarily need to go through probate. There are several scenarios where the property can be transferred without the process. For example, accounts with beneficiaries will automatically go to the person named and not need to be included in the list of assets for probate. Some of these accounts include life insurance policies and bank accounts.

Real estate often does not need to go through probate unless it was titled in their own name with no co-owners. If there is a joint deed, payable on death deed or other deeds that transfer the title automatically, the property doesn’t need to be part of probate.

If the estate is valued at less than $50,000, a simple affidavit may be all that is necessary to transfer the property. If you aren’t sure whether property or an estate needs to be probated, you can contact a probate attorney for advice.

How Can You Avoid Probate in North Dakota?

It is possible to avoid probate in North Dakota if you take certain steps. You can set up a living trust for the estate. With a trust, everything goes to the named beneficiary automatically. This allows the person to choose their heirs for the estate before they pass away. Probate is often time-consuming and can take months or even years if a family member isn’t happy with the terms of the will. They can contest the will, which effectively stops the probate process until the issue is resolved by the court.

How Can You Access North Dakota Inheritance Funds Immediately?

Probate can take months to be completed even if everything goes smoothly, but you don’t have to wait that long to receive your funds. You can get a probate cash advance that allows you to have your inheritance right away. In fact, some beneficiaries may qualify for the advance in just a few days. The process is quick and secure, and you aren’t limited on what you can do with the money once you receive it.

You can receive your inheritance now from Probate Advance with no hidden charges or interest. You won’t need to wait for months or longer with no monthly payments required. You don’t even need a good credit history.

Do You Qualify for an Inheritance Cash Advance?

It’s not hard to find out if you can receive an inheritance cash advance. All you need to do is be an heir to an estate that is in probate. Just think what that money can do for you. Take a vacation, pay off your bills or remodel your house. Instead of waiting for years, you can have the money in your bank account in less than a week.

What Do You Need for a Probate Advance in North Dakota?

You just need to show evidence that you are an heir to an estate with the correct documentation. You will provide some basic information, including how much of your inheritance you want to receive now. In less than 48 hours, you could have the money.

What Areas of North Dakota Qualify for an Inheritance Loan?

You can receive an inheritance loan from anywhere in North Dakota, including the following cities:

  • Fargo
  • Bismarck
  • Grand Forks
  • Minot
  • West Fargo

You can learn more about the probate process in North Dakota and estates when you read the following resources.

North Dakota Probate Resources

North Dakota Inheritance Tax Laws