Detailed answer — how North Dakota probate deals with unauthorized charges

When someone administering a decedent’s estate (typically called a personal representative, administrator, or executor) makes charges against estate funds that beneficiaries or creditors believe are unauthorized, North Dakota’s probate system provides several ways to address the problem. The core concepts are:

1. Who owes duties and what counts as an unauthorized charge?

The personal representative is a fiduciary. That person must follow the law and the court’s orders, act in the estate’s best interest, and keep proper records. Unauthorized charges include withdrawals, payments, or fees the representative takes or pays that are not authorized by the decedent’s will, unpaid debts, or the probate court — or that are not reasonable and necessary. Common examples: paying personal expenses of the representative from estate funds, charging excessive fees without court approval, or paying a creditor who has no valid claim.

2. Inventory, accounting, and transparency

North Dakota probate procedure requires the personal representative to collect estate assets, provide notice to interested persons, and often file an inventory and periodic or final account with the court. These filings show receipts, disbursements, and fees charged against the estate. Reviewing the inventory and accounting is the first way beneficiaries detect unauthorized charges.

3. Objections to accountings and the court’s review

If a beneficiary or creditor sees charges they believe are improper, they can file written objections with the probate court to the account submitted by the personal representative. The court then evaluates the accounting, holds a hearing if needed, and can disallow improper charges, require repayment, or adjust the fees the representative can receive.

4. Surcharge and personal liability

The probate court can “surcharge” (hold the fiduciary personally liable) for losses caused by wrongful acts, improper payments, or negligent handling of estate assets. If the court finds the representative misapplied estate funds, it can order the fiduciary to reimburse the estate. This remedy protects beneficiaries and creditors from unauthorized charges.

5. Removal or replacement of the personal representative

The court can remove a personal representative for cause — including breach of fiduciary duty or misappropriation of estate funds — and appoint a new representative. Removal is often ordered when misconduct is established or the fiduciary cannot competently perform duties.

6. Civil claims and criminal referral

Beyond probate remedies, beneficiaries may bring a civil lawsuit for breach of fiduciary duty, conversion, restitution, or fraud to recover improperly taken funds. If the conduct appears criminal (embezzlement, theft), the court or a beneficiary may refer the matter to the county/state’s attorney for criminal investigation and prosecution.

7. Deadlines and creditors’ claims

Probate includes a notice-to-creditors process. Creditors (including a creditor created by an unauthorized charge) must present claims within the statutory time limits. Beneficiaries who detect unauthorized charges should act promptly; delays can limit remedies or complicate recovery. For general information about probate procedure in North Dakota, see the North Dakota Courts probate resources: https://www.ndcourts.gov/legal-resources/probate. The North Dakota Century Code contains the state’s probate statutes and procedures: https://www.legis.nd.gov/cencode.

8. Typical court outcomes

Possible court orders after successful objection or proof of unauthorized charges:

• Disallowance of the improper charges in the estate accounting;
• Order that the fiduciary repay the estate (surcharge) plus interest;
• Removal of the fiduciary and appointment of a successor;
• Reduction or denial of requested fiduciary fees;
• Referral for criminal prosecution or plaintiff’s civil suit for recovery.

9. Practical limitations

Recovery depends on whether the fiduciary has assets to repay, the timeliness of objections, the quality of documentation, and whether the court finds misconduct. Where funds were spent for legitimate estate expenses, payments may be allowed. Where funds were misused, the court can order reimbursement but collection may still be difficult if the fiduciary lacks funds.

What to do now — step‑by‑step practical guidance

1. Request copies of the estate’s filings: inventory, bank records, and the fiduciary’s accounting filed with the probate court. Review them carefully.
2. Document the unauthorized charge(s): gather bank statements, invoices, correspondence, and witness statements.
3. Talk with the personal representative. Sometimes improper charges result from confusion or bookkeeping error and can be corrected quickly.
4. If the problem is not resolved, file a written objection to the estate accounting with the probate court or file a petition asking the court to surcharge or remove the fiduciary. The court clerk can explain filing procedures and local forms; see North Dakota Courts probate resources: https://www.ndcourts.gov/legal-resources/probate.
5. Consider sending a formal demand letter through an attorney to preserve rights and prompt action.
6. If funds are missing and you suspect criminal conduct, contact the county/state’s attorney to report possible theft or embezzlement.
7. Consult a probate attorney. Cases involving fiduciary breach can be legally complex; an attorney can advise on removal, surcharge actions, civil claims, and deadlines.

Helpful hints

• Act quickly — probate deadlines and statutes of limitations vary; delays may limit your options.
• Keep clear, organized copies of all estate papers, bank records, and communications.
• Ask the court clerk which documents the personal representative was required to file and when — the clerk can often confirm whether filing requirements were met.
• Small-dollar disputes may be resolved through mediation, agreement, or small claims court (if applicable) to avoid long court battles.
• If a guardian/agent made the charges while the parent was alive (power of attorney or guardianship), separate rules and procedures apply — those matters may proceed in probate, guardianship, or civil court depending on the facts.
• Remember that a court-approved payment or fee generally becomes authorized. If the personal representative sought and received court approval for a payment or fee, reversing that later may be harder without proof of fraud, mistake, or newly discovered facts.

Where to find statutes and court resources in North Dakota

North Dakota’s probate procedures and fiduciary duties are found in the North Dakota Century Code and implemented through the district courts. Useful official links:

• North Dakota Century Code (state statutes): https://www.legis.nd.gov/cencode
• North Dakota Courts — probate resources and forms: https://www.ndcourts.gov/legal-resources/probate