Disclaimer: This article provides general information and is not legal advice. Consult a qualified North Dakota attorney for guidance specific to your situation.
Detailed Answer
When someone dies intestate (without a valid will) in North Dakota, the district court supervises the estate administration. The court appoints a personal representative—called an “administrator”—to manage the estate. Here’s how a potential heir can become the administrator:
1. File a Petition
An interested person (usually an heir) files a petition for letters of administration in the county where the decedent resided. The petition identifies the decedent’s heirs, estimated assets, and any known debts.
2. Follow the Priority Rules
North Dakota law sets a strict priority list for appointment. Under NDCC 30.1-12-01, the court must appoint, in order of priority:
- The surviving spouse (unless disqualified or waives priority).
- Adult children or other lineal descendants.
- Other heirs by kinship degree (parents, siblings, etc.).
- Creditors, if no heirs qualify.
If a higher-priority individual is available and willing, the court grants that person preference over lower-priority petitioners.
3. Meet Qualification and Bond Requirements
The petitioner must satisfy the qualifications in NDCC 30.1-12-02 (e.g., at least 18 years old, not convicted of certain felonies). The court often orders a bond to protect estate creditors and heirs. In small estates, the court may waive the bond under NDCC 30.1-21-01.
4. Obtain Letters of Administration
After approving the petition and bond, the clerk issues letters of administration. These letters empower the administrator to collect assets, pay valid debts, and distribute the remaining estate according to North Dakota’s intestacy scheme in NDCC 30.1-03-01.
5. Administer and Close the Estate
An administrator inventories assets, notifies creditors, files tax returns, and distributes inheritances per statute. The court may require periodic accountings before formally closing the estate.
Helpful Hints
- Gather key documents (death certificate, family tree) early to identify heirs.
- Verify no one with higher priority plans to petition before you file.
- Estimate estate value to determine if you qualify for a bond waiver.
- Prepare a simple inventory to speed up court approval.
- Consult an attorney for estates with real property, complex assets, or disputes among heirs.