Estate of Papineau v. All Other Persons Unknown Claiming Any Estate or Interest in or Lien or Encumbrance Upon the Property Described in the Petition or Against the Estate of Said

MESCHKE, Justice.

Daniel U. Papineau appeals from an order determining that minerals in North Dakota owned by Fred Papineau passed to his heirs by intestate succession and from an order denying Daniel’s motion to alter or amend the first order. We reverse and remand.

Fred died in the State of Washington in 1968. Daniel did not then probate a will purportedly executed by Fred in 1953 because the estate was not deemed valuable enough to make probate worthwhile. In 1984 Daniel attempted to establish ownership of the minerals through two wills, the 1953 will and another purportedly executed by Fred…