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GermanLawGroup

Estate Planning & Medicaid Attorneys in Grand Forks , North Dakota

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Home » Resources » Frequently Asked Questions » Probate FAQs

Probate FAQs

    • Should I try to avoid probate when I create my own estate plan?

    • Formal probate can be costly, both in terms of time and money. Moreover, assets may not be released to beneficiaries until the probate process has reached a conclusion. In addition, everyone involved in the probate of an estate is entitled to a fee for their services, including the Executor, attorney, accountants, and appraisers. As a general rule, the longer it takes to probate the estate, the more it costs to do so. The more it costs to probate the estate, the less assets that are left to pass down to loved ones, ultimately making probate avoidance an attractive goal.

    • How long does it take to get through the probate process?

    • The amount of time it takes an estate to get through the probate process depends on several factors, including the type of probate required, the size, value and complexity of the estate, and the skill and efficiency of the Executor/Personal Representative. In the State of North Dakota, it will take a minimum of about four to five months to probate an estate because creditors have at least three months to file claims against the estate. As a general rule, the larger and more valuable the estate, the longer it takes to probate. In addition, if someone challenges the validity of the decedent’s Last Will and Testament, the ensuing Will contest will prolong the probate process as well.

    • What actually happens during the probate process?

    • Every estate is unique, making the probate process unique for every estate as well. Nevertheless, there are some fairly common steps in the probate process, such as:

      • Identifying, securing, and valuing estate assets
      • Opening probate by submitting the original Last Will and Testament (if applicable) and a petition to open probate in the county where the decedent was a resident at the time of death.
      • Identifying and locating heirs if the decedent died intestate.
      • Notifying creditors that probate is underway.
      • Reviewing creditor claims and approving or denying each claim.
      • Litigating any claims
      • Calculating and paying any state and/or federal tax due.
      • Transferring the remaining assets to the intended beneficiaries/heirs of the estate.

    • Who is in charge of the probate of an estate?

    • If the decedent left behind a Will, the individual appointed as the Executor in that Will is who will oversee the administration of the estate during the probate process. If the decedent died intestate, any competent adult may volunteer to be the Personal Representative of the estate. If no one volunteers, the court must appoint someone. For the most part, the duties and responsibilities of an Executor and Personal Representative are the same.

    • What are “non-probate” assets?

    • Assets are divided into probate and non-probate assets for the purpose of administering an estate. One of the first things that must be done following the death of an individual is to determine which property is probate property and which property is non-probate property. Non-probate property bypasses the probate process and may be distributed right away. Common examples of non-probate property include:

      • Assets held in a trust
      • Proceeds of a life insurance policy
      • Funds held in accounts designated as “payable on death (POD)” or “transfer on death(TOD)”
      • Certain jointly held property
      • Funds held in certain retirement type accounts

    • What happens if the decedent did not execute a Last Will and Testament prior to his/her death?

    • If the decedent died without leaving behind a Will, the estate is an “intestate” estate. Fundamentally, probating a testate estate is the same as probating an intestate estate in that the basic goals of the probate process remain the same. The primary difference is that instead of using the terms of a Will created by the decedent to distribute assets, the North Dakota intestate succession laws will determine how the estate assets are to be distributed.

    • Is an estate always required to go through probate?

    • Formal probate is not always necessary; however, some form of probate is almost always required. Like most states, the State of North Dakota does offer an alternative to formal probate for small estates that qualify. For an estate to use the small estate alternative the estate cannot include real property AND the value of the estate, less liens and encumbrances, cannot exceed $50,000. If the estate meets those two criteria, you can use an Affidavit for Collection of Personal Property to distribute estate assets.

    • What is probate?

    • At the time of death, a decedent leaves behind an estate that is made up of all assets owned by the person at the time of death. This includes both real and personal property as well as tangible and intangible assets. Ownership of those assets must eventually be transferred to the beneficiaries and/or heirs of the estate. To ensure that happens in accordance with the law, most estates are required to go through the legal process known as probate. Probate also serves to:

      • Identify, locate, and value all estate assets
      • Notify creditors and allow them the opportunity to file claims
      • Make sure all taxes are paid
      • Authenticate the decedent’s Will and litigate any challenges to that Will

Contact Us

If you have additional question or concerns regarding the probate process, contact the experienced North Dakota probate attorneys at German Law by calling 701-738-0060 to schedule an appointment.

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Client Review
August 24, 2020
    

Needed to come in to get specific advice for our needs. The attorney spoke to us in terms we could understand, coming to our level and did not make up feel uncomfortable. They were very considerate and caring. We didn’t feel rushed. We felt like they cared and knew what they were doing.

C.P., Minnesota
Client Review
August 24, 2020
    

We were wonderfully satisfied. Wayne did an outstanding job of explaining, diagramming and answering questions and concerns.

JW & CD, North Dakota
Client Review
August 24, 2020
    

They were courteous, efficient, knowledgeable, and trustworthy.

D.T., Minnesota
Client Review
August 24, 2020
    

Very helpful. Our children and us are are confident in your group.

-Anonymous, Fargo, North Dakota
Client Review
August 24, 2020
    

"Very professional, covered all, expertise, friendly, peace of mind now."

- Anonymous, North Dakota
Client Review
August 24, 2020
    

So much of a client's high or low opinion of an organization depends on their welcomed feeling. I felt that every time I visited the office, every person I talked with listened and took action on my concern or questions! They were also very friendly.

~J.R., Grand Forks, ND
Client Review
August 24, 2020
    

From phone calls to signing the final documents I was treated with respect, kindness, and understanding by Wayne & Jenn. Every business that wants their business represented well should have someone like Jenn & Wayne. They both made me feel relaxed and assured I was at the right place at the right time at this time in my life. 

~ Deborah Rucinksi, North Dakota 
Client Review
August 24, 2020
    

All of the paperwork was completed in a timely matter. Wayne was very good in explaining the trust to us. 

~Anonymous
Client Review
August 24, 2020
    

Thank you for taking care of my finances after I am gone. I worried about probate once; hopefully this has been solved. Everyone was very polite and helpful. Thank you Katie for answering my questions, and also Jenn.

- Anonymous
Client Review
August 24, 2020
    

This Avvo rating is killer and so deserved! You are the best brother! The only thing is I think the 10 rating is too low, in my book you go to 11! Congratulations on the award, you should be very very proud. See you at your Holiday party, thx for the invite.

Anthony G., Los Angeles, CA
Client Review
August 24, 2020
    

Everyone at German Law was helpful and pleasant. I felt good about my decision, I thought I was doing the right thing for myself & my family. Wayne took his time and didn't rush, which is good because a lot of this can be over people's heads.

A.W., Red Lake Falls, MN
Client Review
April 15, 2021
    

Excellent

Very interesting, informative and valuable information and ideas.

Valuable information.

RP
Client Review
April 15, 2021
    

5 STARS! Thanks for allowing this to be on a webinar! Very interested in this topic.

Great Estate Planning Guide

SD
November 25, 2022
    

John provided very short turn-around time that we needed. He built an amortization schedule that really met our needs. He was responsive and very easy to work with! Quick and easy!

 

Cammy was also very helpful and professional!

November 25, 2022
    

Really Liked it.
Assisted by John Oelke

November 25, 2022
    

Excellent!

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German Law
2650 32nd Avenue South, Suite O
Grand Forks, ND 58201
Phone: (701) 738-0060
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