Application For Informal Probate Of Will And Appt. Of Pr

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Application For Informal Probate Of Will And Appt. Of Pr is a commonly used form within North Dakota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Application For Informal Probate Of Will And Appt. Of Pr

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Application For Informal Probate Of Will And Appt. Of Pr:

• This form pertains to the State of North Dakota

• The current version of this form was last revised on September 4, 2019

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Dakota’s Form Form 2 - Application For Informal Probate Of Will And Appt. Of Pr up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Dakota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Dakota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 2, take a break, and then review. Probate and estate settlement processes in ND are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 2 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 2 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Application For Informal Probate Of Will And Appt. Of Pr to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Dakota.

5 reasons you should submit Form 2 as quickly as possible:

1. The sooner you begin, the faster North Dakota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Dakota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Dakota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Dakota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Dakota probate clerk or court for exact answers regarding Form Form 2, and when in doubt— consult a qualified trust & estates lawyer for that area.

Application For Informal Probate Of Will And Appt. Of Pr is one of the many probate court forms available for download through Atticus.

It may also be available through some North Dakota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Dakota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 2 - Application For Informal Probate Of Will And Appt. Of Pr f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Dakota probate court office.

Application For Informal Probate Of Will And Appt. Of Pr is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Dakota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Dakota Form Form 2 - Application For Informal Probate Of Will And Appt. Of Pr. You can use this to get an idea of the context of the form and what type of information is needed.

(4/25/2022) (Page 1 of 2) (Form 2 Instructions) INSTRUCTIONS FOR FORM 2: APPLICATION FOR INFORMAL PROBATE OF WILL AND APPOINTMENT OF A PERSONAL REPRESENTATIVE ( 30.1-14-01) You may use the Application for Informal Probate of Will and Appointment of a Personal Representative (Form 2) if the estate meets the following requirements: • The deceased person left a will; • You’re on the priority list of people who can be appointed personal representative of the estate (see Page 5 of this guidebook for priority of appointment); • There are no known disputes regarding the will or your appointment as personal representative; • Less than 3 years have passed since the deceased person’s date of death; • All people above and equal to you on the priority list must sign a Waiver of Appointment (see Waiver of Appointment ( Form 9) and Page 5 of this guidebook). VENUE: You must determine the North Dakota county where you’ll file your informal probate documents. This is called venue. Venue for the first probate proceeding after a person’s death is: 1. The North Dakota county where the deceased person was domiciled (resided) at the time of death. 2. If the deceased person wasn’t domiciled in North Dakota, any North Dakota county where property of the deceased person was located at the time of their death. THE PERSON APPLYING TO BE THE PERSONAL REPRESENTATVE FILLS OUT FORM 2  Name, Address, and Telephone No. of Attorney: Write “Not Applicable” in this section.  Probate No.: Leave blank – the Clerk of Court assigns the probate action a number upon filing.  County: Fill in the North Dakota county where you’ll file this probate action.  In the Matter of the Estate of . . . : Fill in the name of the deceased person.  Paragraph A(1): Fill in your name ( you’re the person applying to be appointed personal representative). ALSO, state who you are on the priority list for appointment as personal representative to the deceased person (see Page 5 of the guidebook).  Paragraph A(2): • Fill in the deceased person’s date of death and their age at the time of death. • Fill in the county and state where the deceased person was domiciled at the time of death. • Fill in the name, age, relationship, and address of the surviving spouse, children, heirs or devisees (see definition of “devisees” on Page 15 of this guidebook) of the deceased person.  Paragraph A(3): Fill in why venue is in this county (see Venue instructions above).  Paragraph A(4): If no other personal representative has been appointed after “whose letters have not been terminated”, write “not applicable”. If a personal representative has already been appointed, fill in the information.  Paragraph A(5): If you haven’t received any demands, after “except as follows”, write “not applicable”. If you’ve received any demands, fill in the name(s) of the entity (business) or person.  Paragraph A(6): This statement must be true.  Paragraphs B(1)(2) and (3): These statements must be true.  Paragraph C(1): Fill in the month, day, and year in which the will was executed (signed).  Paragraph C(2): F ill in your name, address, and priority for appointment (see Page 5 of this guide book).  Signature Block: This must be signed & dated in front of a notary public or clerk of court. (4/25/2022) (Page 2 of 2) (Form 2 Instructions) THE PERSON APPLYING TO BE THE PERSONAL REPRESENTATVE FILLS OUT FORM 3: STATEMENT OF INFORMAL PROBATE OF WILL AND APPOINTMENT OF PERSONAL REPRESENTATIVE  Name, Address, and Telephone No. of Attorney: Write “Not Applicable” in this section.  Probate No.: Leave blank – the Clerk of Court assigns the probate action a number upon filing.  County: Fill in the North Dakota county where you’ll file this probate action.  In the Matter of the Estate of . . . : Fill in the name of the deceased person.  Fill in ONLY the information you know on the remainder of the form. Leave blank any information you don’t know.  DON’T sign or date this form. If the court approves your Application (Form 2), the court will sign and date this form. THE PERSON APPLYING TO BE THE PERSONAL REPRESENTATVE FILLS OUT FORM 4: LETTERS TESTAMENTARY The Letters Testamentary is the document which, once signed by the judge, gives you the power to act as personal representative for the estate.  Name, Address, and Telephone No. of Attorney: Write “Not Applicable” in this section.  Probate No.: Leave blank – the Clerk of Court assigns the probate action a number upon filing.  County: Fill in the North Dakota county where you’ll file this probate action.  In the Matter of the Estate of . . . : Fill in the name of the deceased person.  ONLY FILL OUT AND SIGN the second paragraph section. The rest will be filled out by the court. FILING THE DOCUMENTS File the following documents with the court: 1. Form 2: Application for Informal Probate of Will and Appointment of a Personal Representative; 2. Form 3: Statement of Informal Probate of Will and Appointment of a Personal Representative; 3. Form 4: Letters Testamentary; and 4. Original Will of deceased person. You may also need to file the following document(s): 1. Form 9: Waiver of Right to Appointment (for every person equal or higher in priority for appointment to you); 2. Certified Copy of Death Certificate. Pay the filing fee: At the time you file your completed informal probate forms, you’ll be required to pay a filing fee of $80.00 to the North Dakota Clerk of District Court. If paying the filing fee is a financial hardship, you may ask the court to waive the $80.00 filing fee. The Filing Fee Waiver Request – District Court/Small Claims Court form set is available at ndcourts.gov/legal-self-help/fee-waiver. The completed Filing Fee Waiver Request forms are filed at the same time as your completed informal probate forms. ND PROBATE CODE FORM 2 Page 1 09/04/19 APPLICATION FOR INFORMAL PROBATE OF WILL AND APPOINTMENT OF A PERSONAL REPRESENTATIVE. (N.D.C.C. 30.1-14-01). Name, Address, and Telephone No. of AttorneySpace below for use of District Court only Probate No. _______________ Attorney ___________________ for: ____________________ IN THE DISTRICT COURT OF __________________________________________ COUNTY, STATE OF NORTH DAKOTA In the Matter of the Estate of _____________________________________________________________________, Deceased. APPLICATION FOR INFORMAL PROBATE OF WILL AND APPOINTMENT OF A PERSONAL REPRESENTATIVE I, as the applicant, provide the following information: A.(1) I am ________________________________________________________________________________________, (state name and interest of applicant) (2) Decedent died on _______________________________, __________ at the age of _______________________ years. At the time of death, the decedent was domiciled in _____________________________________________ County, _____________________________________ (State), and is survived by the following persons who are the surviving spouse, children, heirs or devisees of the decedent. NameAgeRelationshipAddress (3)Venue for this case is in this County because _____________________________________________________________________________________________. (4)No personal representative has been appointed whose letters have not been terminated, except ________________________, whose address is ______________________________________________________, was appointed personal representative on __________________ ______________________________, ________, in _________________________________ County, ______________________________________________ (State). Page 1 of NDPC FORM 2 ND PROBATE CODE FORM 2 Page 209/04/19 (\\u0018)I have not received any demand for notice and am unaware of a demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere, except as follows: _____________________________________________________________________________________________. (\\u0019)The time limit for informal probate and appointment has not expired. B. (1) The original or an authenticated copy of decedent's last will, if not already in the possession of the court, is filed with this application. (2) That I, to the best of my knowledge, believe the will to have been validly executed. (3) After the exercise of reasonable diligence, I am unaware of any instrument revoking the will; and I believe the instrument is the decedent's last will. C.(1) The original of decedent's will was executed on _______________________________________ (Month/Day/Year). (2)The name, address, and priority for appointment of the person whose appointment is sought are as follows: _____________________________________________________________________________________________ _____________________________________________________________________________________________. I request the above described will be admitted to informal probate, and that I be appointed personal representative of the decedent's estate. STATE OF___________________ } }ss. County of ____________________ } _________________________________________________________________, being duly sworn, states as follows: That I am the applicant in the foregoing application; that I have read the same and believe the statements therein to be true to the best of my knowledge. ____________________________________________ Subscribed and sworn to before me this __________________ day of ______________________________, 20_______. If Notary, my commission expires:_________________________ _______________________ _____________________ Notary Public or Clerk of Court _______________________County, _______________ Page 2 of NDPC FORM 2 ____________________________________________ Applicant Signature _____________________________ _______________ Address _____________________________ _______________ Telephone Number