Detailed Answer — Step-by-step process for filing and distributing a wrongful death settlement in North Dakota

This section explains the common legal steps and best practices under North Dakota law for getting a wrongful death settlement filed with the court and distributed the way the parties agreed. The wrongful-death statute in North Dakota is in Chapter 32-21 of the North Dakota Century Code. See the statute here: N.D.C.C. Ch. 32-21 (Wrongful Death). For general North Dakota court information, see North Dakota Courts.

1. Confirm who may settle and who must approve

Under North Dakota law, wrongful-death claims are typically prosecuted by the personal representative or the party authorized under the wrongful-death statute on behalf of the decedent’s survivors. Before anyone signs a settlement, confirm that the person who will settle has legal authority (for example, letters testamentary or letters of administration). If no personal representative exists, the plaintiff who brought the action should confirm authority with the court.

2. Identify the beneficiaries and their shares

Identify every heir or wrongful-death beneficiary who has an interest under Chapter 32-21. Make a written list of beneficiaries, their relationship to the decedent, and the shares you expect to distribute. If parties previously agreed to a split, document that agreement in writing (signed distribution agreement or stipulation).

3. Locate and resolve liens, subrogation, and creditors

Before distributing funds you must identify potential liens (medical providers, health insurers, Medicare/Medicaid subrogation). Tie up written waivers or lien releases where possible. If Medicaid or the Department of Human Services has a claim, notify them and resolve any asserted lien. The settlement will often be reduced to net proceeds after lien resolution and court-approved attorney fees and costs.

4. Calculate the net settlement and each party’s amount

Start with the gross settlement amount. Subtract: attorney fees (if contingency), litigation costs, court-approved costs, and approved lien payments. The remaining amount is the distributable net. Apply the agreed split or statutory allocation to the net amount, not to the gross, unless the parties explicitly agreed otherwise in writing.

5. Prepare settlement documents and a proposed order for the court

Common documents to prepare and file include:

• Settlement agreement and full release signed by the plaintiff(s) and the defendant(s).
• Stipulation of distribution or written consent from beneficiaries setting out the agreed split.
• Motion or petition asking the district court to approve the settlement, if required by the court.
• Proposed order or judgment that (a) approves the settlement, (b) approves attorney fees and costs, (c) resolves liens or directs payment of liens, and (d) orders distribution of funds according to the agreed split.
• Affidavit of counsel showing disbursements, lien resolution attempts, and any amounts to be withheld for minors or unresolved claims.

Filing these documents creates a clear record and helps the court supervise distribution if necessary.

6. File the petition and proposed order in the appropriate district court

File your petition, exhibits, and proposed order in the district court where the wrongful-death action is pending. If a guardian ad litem, personal representative, or other fiduciary must be appointed before funds can be distributed, the filing should request that appointment. Follow local rule requirements for civil filings in the relevant North Dakota district court. For court locations and procedures see ndcourts.gov.

7. Get the court’s approval (if the statute or judge requires it)

North Dakota courts frequently supervise wrongful-death settlements—especially when minors or uncertain beneficiaries are involved, or when the distribution deviates from statutory shares. A judge may hold a hearing before approving attorney fees and distribution. When the judge signs a distribution order or judgment, that order controls the payout and protects the settling parties from later claims.

8. Use an escrow or blocked account for funds pending final approval

Until the court signs an order, place settlement proceeds in an attorney trust account or an escrow account. If the court requires the funds to be placed in a blocked account for minors or disputed shares, follow the court’s instructions exactly before disbursing funds.

9. Disburse funds only per the signed court order and keep receipts

After the court signs the order, make disbursements exactly as the order directs. Obtain signed receipts or releases from each beneficiary at the time of payment. Keep detailed accounting records (who received what, when, and for what reason) to defend against later claims.

10. If disagreements arise, return to court promptly

If a beneficiary claims the split violated a prior agreement or statute, file a prompt motion with the court for direction. Do not make unilateral changes to distributions without court approval.

Relevant North Dakota statutory references

Key statutory authority for wrongful-death actions is in Chapter 32-21 of the North Dakota Century Code. See: N.D.C.C. Ch. 32-21 (Action for death). For court filing and procedure rules, consult the North Dakota Rules of Civil Procedure and local district court rules available via the North Dakota Courts website: North Dakota Court Rules.

Helpful Hints

• Get authority in writing: confirm letters of administration or a court appointment before settling.
• Document the agreed split: obtain a signed stipulation of distribution from all beneficiaries before filing.
• Clear liens early: contact Medicaid, insurers, and medical providers early to get written lien statements or releases.
• Use the court to insulate disputes: ask the court to approve the settlement and distribution so beneficiaries cannot later claim improper splits.
• Use escrow for safety: keep funds in a separate trust or escrow account until the court orders distribution.
• Protect minors: if any beneficiary is a minor, request a guardian appointment or blocked account to prevent future disputes.
• Get releases when you pay: have beneficiaries sign receipts and releases when they accept payment.
• Keep full accounting: preserve ledgers, wire transfers, canceled checks, and receipts as proof of proper distribution.
• Consider structured settlements: for minors or vulnerable beneficiaries consider annuities to provide long-term protection.
• Talk with a North Dakota attorney: a lawyer can draft the petition, proposed order, and distribution documents and can appear in court to secure approval.