When Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout?

Short answer: Under North Dakota probate practice, whether you can require a co‑heir to reimburse you for an appraisal before completing an estate buyout depends on who ordered or authorized the appraisal, whether the appraisal was an estate administration expense, and any written agreement or court order allocating costs. If the appraisal was a legitimate estate expense ordered or approved by the personal representative (or by the court), the cost is normally paid from estate funds. If one heir paid for an appraisal on their own before an agreed buyout, you generally need either the other heir’s agreement or a probate court order to force reimbursement.

This is educational information, not legal advice. If you need legal advice for your specific situation, consult a North Dakota attorney.

Detailed answer: How North Dakota law and common probate practice apply

1) Who ordered or authorized the appraisal matters.

• If the personal representative (executor/administrator) of the estate ordered the appraisal as part of estate administration, the cost is normally treated as an estate administration expense and paid from estate funds before distribution. The representative has a duty to manage and value estate assets for distribution and sale.
• If a probate court ordered an appraisal, the resulting cost is also treated as an estate expense and handled through the estate accounting and the court’s directions.

2) If an heir hired the appraiser without authorization, reimbursement is not automatic.

• An individual co‑heir who hires and pays an appraiser on their own (for example, to get a number to use in negotiating a buyout) cannot always demand reimbursement from the other heirs unless there is an agreement or the court finds the appraisal was necessary and reasonable for the benefit of the estate.
• Where the appraisal clearly benefited all heirs (for example, it established fair value used to equalize distributions or set a buyout price), a court may order contribution or require that the cost be charged against the estate or against the buyout amount. But that usually requires a petition to the probate court and proof the appraisal was reasonable and beneficial.

3) Practical options to seek reimbursement or allocation of appraisal costs

• Negotiate a written settlement: before finalizing a buyout, you can negotiate that the co‑heir reimburse all or part of the appraisal cost, or that the cost be credited against the buyout price. Put any agreement in writing and have it signed.
• Ask the personal representative to approve the appraisal as an estate expense so the estate pays it. If the representative approves, the cost is reflected in estate accounting and distributions.
• File a motion in probate court: ask the court to (a) determine that the appraisal was a necessary estate expense, (b) require contribution, or (c) order other equitable relief. The court can decide whether the appraisal was reasonable and whether reimbursement is fair.
• Offset the cost in the buyout: if you are buying out the co‑heir (or vice versa), agree that the appraisal fee will reduce the buyer’s purchase price or the seller’s proceeds.

4) Evidence that helps your case if you seek reimbursement or a court order

• Written invoice and receipt from the appraiser.
• Copy of the appraisal report showing how it was used to value estate assets.
• Communications (emails/texts/letters) that show you requested approval and whether the personal representative or other heirs were put on notice.
• Any written agreement or proposed settlement that refers to appraisal costs.

Where North Dakota law comes into play

Probate courts in North Dakota supervise estate administration, and the court has authority to determine administration expenses, approve accountings, and resolve disputes among heirs and personal representatives. For general North Dakota probate statutes and rules, see the North Dakota Century Code provisions on estates and the North Dakota court resources for probate practice. If an appraisal was ordered or is being contested, the probate court is the place to resolve the dispute when parties cannot agree.

Useful government resources:

• North Dakota Century Code (probate & estates): https://www.legis.nd.gov/ (use the site to search Title dealing with estates and probate)
• North Dakota Judicial Branch — probate information: https://www.ndcourts.gov/legal-resources/probate

Step‑by‑step checklist you can follow now

1. Pause the buyout closing if possible. Avoid finalizing the sale until the cost allocation is resolved in writing.
2. Get documentation: invoice, appraisal report, engagement letter with the appraiser.
3. Ask the personal representative to approve the appraisal as an estate expense or to include the cost in the estate accounting.
4. Offer a written settlement proposal that credits the appraisal cost against the buyout price, or proposes equal sharing of the fee.
5. If negotiation fails, consult a probate attorney about filing a petition asking the court to allocate the cost or to resolve the buyout dispute.

Practical examples (hypotheticals)

Example A — Appraisal ordered by the personal representative: The executor hires an appraiser to value a family home. The appraisal is an estate expense. The appraiser’s fee is paid from estate funds and accounted for before distributions.

Example B — One heir orders an appraisal without consent: A co‑heir pays for an appraisal to support a high buyout demand. The paying heir can ask the co‑heir to reimburse or can ask the probate court to order contribution, but reimbursement is not guaranteed without agreement or a court decision.

Helpful hints

• Always get written approval from the personal representative before paying appraisal or other administrative costs if you expect estate reimbursement.
• Put any agreement about who pays the appraisal (or who gets a credit) in writing before closing a buyout.
• Request that the estate use a single neutral appraiser to avoid disputes about valuation or bias.
• Keep detailed receipts and the appraisal report; these documents are the basis for reimbursement requests or court petitions.
• Consider mediation or a negotiated offset to keep costs low and avoid court delays.
• If the amount is small, weigh the cost and time of litigation versus accepting a compromise.
• Consult a North Dakota probate attorney quickly if the other heir refuses to cooperate — timing matters for probate accountings and petitions.

Final notes

Whether you can force a co‑heir to reimburse you for an appraisal before finalizing an estate buyout in North Dakota depends on the appraisal’s authorization, the role it played in administering the estate, any prior agreements, and potentially a probate court’s equitable powers. Written agreements and clear communication with the personal representative reduce disputes. If you cannot reach agreement, a petition to the probate court is usually the remedy.

Reminder: This article explains general principles and common procedures under North Dakota probate practice. It does not provide legal advice for your particular situation. For tailored advice, contact a licensed North Dakota attorney who handles probate and estate disputes.