Probate
The legal term "probate" means to prove a Will. This is done through a legal process in a court. A court, usually located in the City or County in which you were living at the time of your death, reviews your Will to determine if it is valid and an accurate statement of how you want your estate distributed. The court oversees how your probate court is actually distributed to your heirs and beneficiaries.

At death, your estate "automatically" splits into two estates-a non-probate estate and a probate estate. Your non-probate estate is made up of all assets in joint ownership and assets with a beneficiary designation. These assets pass directly to your beneficiary or beneficiaries outside of the probate process. Your probate estate is comprised of all of your other assets. Your probate estate will be distributed (after your debts are paid) by one of two ways:
  • If you do not have a Will, by the applicable intestacy law
  • If you do have a Will, by the terms of that Will
If you die intestate:
  • your estate may suffer economic losses because of inaction or delays
  • you have no control over who serves as your Personal Representative
  • you have no control over who serves as your minor children's Guardian or Trustee



1323 23rd St S, Suite K
Fargo, ND 58103
Phone: (701) 364-0154
Fax: (701) 364-0388

Please understand that the contents of this web site are provided to be thought-provoking only, and this information is not intended to be legal advice for your unique circumstances. Always consult your personal attorney before making decisions which have legal consequences.