Detailed Answer
Disclaimer: This article offers general information and is not legal advice. Consult an attorney for guidance on your situation.
Grounds for Removal
Under North Dakota law, the district court may remove a personal representative for cause under NDCC §30.1-32. Common grounds include failure to perform duties, misconduct, conflict of interest, or incapacity.
Appealing the Removal Order
If the court issues an order removing your appointment, you can appeal the decision to the North Dakota Supreme Court. To begin the appeal, you must:
- File a Notice of Appeal within 60 days after service of the removal order, per NDCC §28-27-02.
- Designate the record on appeal, including transcripts and all probate case documents.
- Pay filing and docket fees or request a fee waiver if you qualify.
Review Process
The Supreme Court reviews the record for legal errors. You generally cannot present new evidence. If the court finds that the lower court misapplied North Dakota law or denied due process, it may reverse the removal or remand for further proceedings.
Helpful Hints
- Track Deadlines Carefully – Missing the 60-day window typically ends your appeal rights.
- Preserve the Record – Order transcripts of hearings and include all relevant filings.
- Focus on Legal Arguments – Highlight errors in law or procedure, not personal disputes.
- Check Filing Fees – Contact the clerk of court for current fee schedules and waiver applications.
- Explore Settlement Options – Some courts offer mediation or settlement conferences before appeals proceed.
- Consult a Probate Attorney – A lawyer can help with procedural strategy and drafting appellate briefs.