How to Request an Accounting of Estate Assets During Probate in North Dakota

Short answer: Yes. In North Dakota, beneficiaries, heirs, creditors, and other interested persons may ask the probate court to require the personal representative (executor or administrator) to provide a full accounting of estate assets and transactions. The court can order inventories, interim or final accountings, and can enforce remedies if the account is incomplete or improper.

Detailed Answer: What an accounting is and how to ask for one

What is an estate accounting?

An estate accounting is a written record showing what the personal representative received, spent, invested, collected, and distributed on behalf of the estate. A full accounting typically includes:

• An inventory of estate assets (real and personal property, bank accounts, investments, life insurance proceeds, etc.).
• Receipts and income collected by the personal representative (rent, dividends, sale proceeds, insurance payments).
• Payments and disbursements made on behalf of the estate (debts, taxes, funeral costs, administration expenses, attorney fees).
• Any transfers, sales, or distributions to beneficiaries.
• A statement of remaining assets and their current value.

Who can request an accounting?

Under North Dakota probate practice, an “interested person” — commonly beneficiaries named in the will, heirs at law when there is no will, and creditors with recognized claims — may ask the court for an accounting. If you have a financial or legal stake in the estate outcome, you are generally considered an interested person and can move the court for an accounting.

When should an accounting be requested?

The personal representative must typically provide an inventory and periodic or final accounts as part of the probate process. If you believe the representative is delaying, hiding assets, mismanaging funds, or not providing routine reports, you can request an interim accounting during administration, or demand the final accounting before distributions are approved. Timing options include:

• Early/interim accounting: If you suspect problems while the estate is being administered.
• Final accounting: Before the estate is closed and assets are distributed.
• After distribution: If new information appears showing improper handling, you may petition to reopen proceedings or bring a surcharge action.

How to ask the court to compel an accounting

1. Review the court file: If probate has been opened, many filings (petitions, inventories, and accountings) will be in the probate court file. Contact the clerk of the county district court where probate is pending.
2. Request records from the personal representative: Send a written demand for an accounting to the personal representative or the lawyer handling the estate. Keep proof of delivery.
3. File a petition with the probate court: If the representative does not comply, file a petition or motion asking the court to order an accounting. Explain who you are, your interest in the estate, what accounting you seek, and why you believe it is necessary.
4. Attend the hearing: The court will schedule a hearing. Be prepared to explain facts and present documents. The court may order the representative to file an accounting by a set deadline.
5. Enforcement and remedies: If the accounting is deficient or reveals misconduct, the court can order corrections, surcharge (monetary liability) against the representative, removal of the representative, or other relief.

Statutes and official resources

North Dakota governs probate and personal representatives under the North Dakota Century Code (Title 30.1) and related rules that outline duties, inventories, and accountings. For general statutory text and practical court resources, see:

• North Dakota Century Code, Title 30.1 (Probate): https://www.legis.nd.gov/cencode/title-30-1
• North Dakota Courts — probate information and local court contact details: https://www.ndcourts.gov/legal-resources/probate

Common outcomes after the court orders an accounting

• The court accepts the accounting and approves distributions.
• The court finds omissions or errors and orders a corrected accounting or additional documentation.
• The court finds misconduct (misappropriation, self-dealing, failure to collect assets) and may surcharge, order restitution, or remove the personal representative.
• The court orders alternative measures such as appointment of a special administrator or an independent accountant to review the estate records.

Helpful Hints

• Gather documentation: Bank statements, titles, insurance policies, bills, correspondence with the personal representative, and any filed probate documents will strengthen a petition for accounting.
• Start with a written request: A polite, written demand to the personal representative can resolve many issues without court involvement. Always keep copies and proof of delivery.
• Check the court file: County district court clerks often maintain probate files you can review for inventories, receipts, and any prior accountings.
• Act promptly: If you suspect missing assets or improper transfers, act quickly. Statutes of limitation and deadlines in probate can bar later claims.
• Consider mediation: If relationships are strained, courts may encourage or order mediation to resolve accounting disputes before a contested hearing.
• Be realistic about costs: Forcing a full accounting can increase administration costs (attorney fees, accounting fees). Courts weigh estate value, complexity, and reasonableness when granting relief.
• Know possible remedies: The court can compel a full accounting, surcharge a representative, remove them, or appoint someone else to manage the estate.
• Get legal help if needed: If the accounting reveals potential fraud, complicated asset issues, or substantial sums, consult an attorney who handles North Dakota probate to understand specific procedures and deadlines.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It summarizes common North Dakota probate practices but is not a substitute for personalized legal counsel. If you need advice about a particular estate, talk with a licensed North Dakota attorney or the probate court clerk.