There are many scenarios in which an individual living elsewhere may have to take responsibility for the estate of someone who died in North Dakota. The surviving family members or chosen personal representative of the individual who died may not live in North Dakota anymore. In some cases, they may never have resided in the state.
While choosing someone local can be convenient, it isn’t always a viable solution. Sometimes, the best arrangements for estate administration involve having someone who lives elsewhere manage the probate process for an estate in North Dakota.
What are some of the potential challenges personal representatives need to prepare for when handling probate matters in North Dakota but residing elsewhere?
Difficulty securing property
Perhaps the decedent rented a home or lived in a nursing home. Someone may need to physically show up to clean out their living space and collect their property. Perhaps they owned their own home. There is reason to worry about thieves targeting the property and even vagrants damaging the home if no one lives there currently. Those residing in another state may need to hire local professionals to assist them with securing and maintaining the home and physical assets that belonged to the decedent.
Challenges attending court
The farther someone lives from North Dakota, the harder it may be to regularly visit the state to attend necessary hearings in probate court. Those who retain legal representation when serving as a personal representative can count on the attorney they hire to attend court hearings on their behalf or make arrangements for them to attend hearings digitally if necessary.
Misunderstandings about the law
Probate statutes can be significantly different from one jurisdiction to another. From the rules that apply in cases where people die without wills to the order in which the representative pays debts, there are many key decisions that depend on state law. Those who are unfamiliar with North Dakota statutes may misunderstand their obligations and could make mistakes that cost the estate money or might put them at risk of removal from their position.
Securing in-state assistance can reduce the challenges inherent in cross-state estate administration. Personal representatives often need guidance and support as they settle the affairs of a deceased individual, and the estate can help them pay for that support in most cases.
