Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Under North Dakota law, only the personal representative of a decedent’s estate may file a wrongful death action. North Dakota Century Code (NDCC) §32-21-01 requires that the executor or administrator named by the court bring the lawsuit on behalf of the estate’s beneficiaries (NDCC §32-21-01).
If no estate is open at the time you want to file, you generally must open a probate estate in the county district court where the decedent lived. You do this by filing a petition under NDCC §30.1-07, which allows the court to appoint a personal representative (NDCC §30.1-07).
If the decedent’s total assets do not exceed the threshold for a small estate (currently $100,000), you may use simplified procedures under NDCC §30.1-19-01 to speed up administration (NDCC §30.1-19-01).
Once appointed, the personal representative must file the wrongful death lawsuit within two years of the death date, as required by NDCC §28-01-19 (NDCC §28-01-19). North Dakota allows recovery of “pecuniary loss” only, such as funeral expenses, loss of financial support, and loss of household services. Non-economic damages like pain and suffering are not available in wrongful death cases.
Key Steps
- File a probate petition to open the estate and appoint a personal representative (NDCC §30.1-07).
- Gather the decedent’s assets, debts, and beneficiary information.
- If eligible, use small estate procedures under NDCC §30.1-19-01.
- File the wrongful death action under NDCC §32-21-01 within two years per NDCC §28-01-19.
Helpful Hints
- Start the probate process promptly to meet filing deadlines.
- Check small estate eligibility to use simplified procedures.
- Obtain multiple copies of the death certificate early.
- Document all funeral and burial expenses precisely.
- Keep track of the two-year statute of limitations.
- Review NDCC Title 30.1 for probate rules and NDCC 32-21 for wrongful death specifics.
- Consider consulting a qualified attorney experienced in North Dakota probate and wrongful death law.