Detailed Answer
Under North Dakota law, a personal representative (PR) must secure court authority before selling estate real property (NDCC § 30.1-21.1-01). After closing, the sale proceeds become part of the estate’s assets. The PR then distributes those proceeds according to the decedent’s will or, if there is no valid will, under intestate succession rules (NDCC § 30.1-23-02).
If heirs wish to direct how sale proceeds are split—rather than accept default distributions—they must sign and file specific forms with the court:
- Consent to Sale of Real Property (Form PR-70): Heirs sign this form to waive further notice of the sale and hearing, authorizing the PR to proceed under NDCC § 30.1-21.1-07. Ensure you use the latest version from the ND Courts probate forms page.
- Receipt for Distribution and Release (Form PR-50): Once the PR is ready to distribute proceeds, each heir signs this receipt and release, acknowledging the amount received and discharging the PR from further liability. This process relies on the statutory mechanism for exemplary distribution (NDCC § 30.1-23-11).
- Waiver of Accounting (Form PR-60, Optional): In uncontested administrations, heirs may waive the PR’s duty to submit a formal accounting. This waiver expedites distribution but should only be signed after reviewing estate records.
- Distribution Instruction Sheet or Petition: If heirs agree on an unequal split or specific dollar allocations, they attach a written instruction sheet or file a brief petition detailing the agreed percentages or amounts.
After collecting all signatures, the PR files these forms with the court clerk. The court then authorizes final distribution, and the PR issues checks to heirs per the signed consents and receipts.
Helpful Hints
- Always confirm form numbers and titles on the official ND Courts website.
- Retain copies of each signed form and file-stamped acknowledgments.
- Gather all heir signatures before scheduling court filings to avoid delays.
- Consider a brief review by a probate attorney if the estate involves unusual assets or potential disputes.
- Use certified or traceable checks for distributions to maintain a clear audit trail.