Short answer

If you are the personal representative (executor or administrator), you usually must file a petition with the probate court asking for authority to sell estate real property, give required notice to interested parties, attend a hearing (if the court schedules one), and obtain a signed court order authorizing the sale. If the clerk’s office will not explain filing requirements, use North Dakota probate forms and statutory guidance online, follow the court’s filing instructions, and consider hiring a North Dakota probate attorney if you need help.

Detailed answer — what North Dakota law and practice require

North Dakota probate and estate administration are governed by the North Dakota Century Code and by local court rules. The code describing probate processes is in the North Dakota Century Code (NDCC), Title 30.1. The court must generally approve the sale of estate real property unless the will or the letters granted to the personal representative explicitly authorize sales without further court action. For general statutory and form resources, see the ND Century Code and the North Dakota Courts forms pages:

• North Dakota Century Code (search and Title 30.1 – Probate): https://www.legis.nd.gov/cencode
• North Dakota Courts — probate and estate administration forms and resources: https://www.ndcourts.gov/legal-resources/forms

Typical legal steps you will need to follow in North Dakota:

1. Confirm your authority. Are you named as personal representative (executor) in the will and have you received letters testamentary, or were you appointed administrator and received letters of administration? The letters from the clerk or judge show the powers you have. If you do not have letters, you must open administration first.
2. Check the will and letters. Some wills explicitly allow the personal representative to sell real estate without further court approval. If the will grants that power in clear terms and the letters reflect it, you may be able to sell without a separate petition. If not, proceed with a petition for sale.
3. Prepare and file a petition (petition for authority to sell real property). The petition generally explains the need to sell, identifies the property, lists the proposed terms (price, buyer, and any relationship between buyer and estate), and requests the court enter an order authorizing the sale. Attach a copy of the letters, a copy of the will (if applicable), and any appraisal or valuation that supports the sale price.
4. Provide notice to interested parties. North Dakota law requires notice to heirs, devisees (beneficiaries named in the will), and known creditors. The court or statute sets the method and time for notice (typically by mail and sometimes by publication). Use the court’s local rules and forms to determine the exact notice steps required in your county.
5. Attend the hearing or wait for default approval. The court may schedule a hearing. Interested persons may object. If the court finds the sale is in the estate’s best interest and notice requirements are met, the judge signs an order authorizing the sale and specifying any conditions (bond, proceeds handling, confirmation requirements).
6. Complete the sale, then report back to the court. After closing, you usually file a report of sale or an accounting and deliver proceeds according to the court order (pay creditors, pay costs, distribute to beneficiaries). If the court required confirmation of sale, you must return for a confirmation hearing.

If the clerk’s office refuses to explain filing requirements, do the following:

• Use the North Dakota Courts website to find probate forms and local rules: https://www.ndcourts.gov/legal-resources/forms.
• Read ND statutes for probate (Title 30.1) to understand required notices and filings: https://www.legis.nd.gov/cencode (search “probate” or “personal representative”).
• Ask the clerk for filing fees, hours, accepted payment methods, and how to request a hearing date — these administrative items are within the clerk’s normal duties and the clerk must accept filings and collect fees even if they cannot give legal advice.
• If the clerk refuses administrative assistance, ask to speak to a supervisor or the presiding judge’s chambers for guidance on filing procedures. Court staff must not give legal advice, but they can explain forms, fees, and filing mechanics.
• Consider limited-scope help from a licensed North Dakota probate attorney if you need assistance preparing and filing the petition and notice documents.

Key statutory resources and forms you should review:

• North Dakota Century Code, Title 30.1 (Probate and related provisions): https://www.legis.nd.gov/cencode. (Search within Title 30.1 for provisions on letters testamentary, letters of administration, notice, and sales by a personal representative.)
• North Dakota Courts probate forms (petitions, orders, notices and inventories): https://www.ndcourts.gov/legal-resources/forms. Look for the petition to sell real property, notice to interested persons, and proof of service forms.

Sample documents you will likely prepare:

• Petition for authority to sell real property (identify property, buyer, price, and justification).
• Order authorizing sale (submitted with proposed signature lines for the judge).
• Notice to interested persons and proof of service (showing beneficiaries, heirs, and creditors were notified).
• Report of sale or petition for confirmation of sale, if required by the court.

Timing: expect several weeks to several months, depending on notice periods, whether beneficiaries object, whether an appraisal is needed, and local court scheduling.

When you might not need court approval

Sometimes the will or letters give the personal representative express authority to sell estate real property without further court order. Also, if the property must be sold quickly to avoid loss (e.g., risk of severe damage or urgent tax or mortgage default), you may be able to seek expedited or ex parte relief from the court. Always document the basis for an expedited sale and notify interested parties as the court requires.

What to do if the clerk won’t help

• Remain calm and request only administrative information (filing hours, fees, form names, filing address). Court clerks may not give legal advice, but they must accept properly filed documents.
• Use online resources (ND Courts forms and NDCC) to assemble the petition and notice. Many counties accept electronic filings or have instructions on the court website.
• Ask the court for a “self-help” packet or a copy of local probate procedures. Some counties publish local probate rules or step-by-step guides.
• Contact the county bar association for a referral to a probate attorney who can provide limited-scope help if full representation is not needed.
• If you cannot get administrative help and cannot safely proceed, file the petition anyway following the court’s filing rules and statutes, and then request the judge set a hearing to clarify procedure. Filing the petition starts the court process and gives you access to judicial direction.

When to hire a probate attorney

Hire a North Dakota probate attorney if:

• Beneficiaries may object or there are disputes about the will or heirs.
• The sale involves related parties, potential conflict of interest, or unusual valuation issues.
• The estate has tax or creditor issues, multiple properties, or complex assets.
• You want limited-scope help preparing the petition, notices, and court filings.

Many attorneys offer limited representation to prepare a petition and order for filing, which can reduce cost while ensuring filings meet court requirements.

Helpful hints

• Collect documents first: death certificate, will, letters testamentary or letters of administration, deed, mortgage statements, and a recent appraisal or market analysis.
• Make a list of interested persons (heirs, devisees, known creditors, and anyone named in the will) with addresses for service.
• Keep careful records of notices, mail receipts, certified mailing numbers, and proof of service forms — missing or defective notice is a common reason courts delay or deny approval.
• Get at least one written appraisal or broker price opinion to justify the sale price to the judge and interested parties.
• If beneficiaries agree in writing to the sale, attach signed consents to your petition — the court often moves faster when parties consent.
• Check local county court rules for hearing scheduling, required forms, and filing fees — these vary by county.
• Consider a short consultation with a probate attorney to review a draft petition before filing. Many attorneys will review for a modest fee.