Short answer

Under North Dakota law, it may still be possible to challenge an approved estate accounting more than one year after approval, but your options narrow with time. Courts generally allow challenges for fraud, mistake, misconduct by the personal representative, or newly discovered evidence that could not reasonably have been found earlier. You will usually need to ask the probate court to reopen the estate or to set aside its prior order. These are time-sensitive and fact-specific matters. Consult an attorney promptly.

Detailed answer — how the process typically works in North Dakota

Even though many estate accountings receive a formal approval and the personal representative receives a discharge, North Dakota courts retain limited power to correct injustices after approval. The most common ways to challenge an accounting after approval are:

• Petition to reopen the estate or set aside the approval — You can ask the probate court to reopen the estate and set aside its order approving the accounting. Typical legal bases include fraud by the personal representative, deliberate concealment of information, significant accounting errors, or a showing that the court entered the approval order because of a mistake.
• Motion for relief from judgment or order — In practice, courts often treat post‑judgment relief requests under the civil‑procedure analog (for example, relief for fraud, mistake, or newly discovered evidence). The relief requested must show a valid reason and an explanation for the delay.
• Civil action against the fiduciary — If the personal representative breached fiduciary duties (misappropriated assets, paid improper distributions, or acted negligently), you can pursue a separate lawsuit against the fiduciary for breach of fiduciary duty, conversion, or surcharge. That suit may give the court authority to recover funds even after the estate was closed.
• Claims against remaining estate assets — If assets remain in the estate or a reserve was retained, you may be able to file a claim or request that the court withhold distribution while disputes are resolved.

When deciding a reopening or relief request, the court will weigh several factors, including the reason for delay, prejudice to beneficiaries or third parties, whether fraud or concealment occurred, the stage of administration, and whether reopening serves the estate’s best interests.

North Dakota’s probate statutes and court rules guide these procedures. For background reading, consult the North Dakota Century Code governing decedents’ estates (Title 30.1) and the North Dakota court rules on post‑judgment relief. A useful starting place is the state code collection: North Dakota Century Code — Title 30.1 (Decedents’ Estates). For rules on relief from orders generally, see the North Dakota Rules of Civil Procedure resources on the state courts site.

Typical steps to contest an approved accounting after a year

1. Act quickly: Delay weakens your position. Preserve evidence and avoid letting deadlines expire for related claims (for example, statute of limitations on fiduciary torts).
2. Get the probate file: Obtain the court file (inventory, administrations, accountings, orders, receipts). This helps identify exactly what was approved and when.
3. Identify the legal basis: Determine whether the issue is fraud, concealment, accounting error, breach of fiduciary duty, or newly discovered evidence. Different grounds support different remedies.
4. Prepare a petition or complaint: You typically file a petition in the probate court to reopen the estate, set aside the order, surcharge the personal representative, or remove the fiduciary. Alternatively, you may file a civil complaint for breach of fiduciary duty in district court if warranted.
5. Provide supporting evidence: Affidavits, bank records, communications, and expert accounting reports strengthen your petition.
6. Request interim relief if needed: If assets might be dissipated, ask the court for an emergency freeze or temporary restraining order to protect estate assets while the dispute is pending.
7. Attend hearings and be prepared to show good cause: Courts require a persuasive explanation for why relief is warranted after a long delay.

Grounds courts commonly accept to reopen or set aside an approved accounting

• Fraud or intentional concealment by the personal representative.
• Newly discovered evidence that could not reasonably have been found earlier and would likely change the result.
• Material accounting errors that were inadvertent but significant.
• Breach of fiduciary duty that caused loss to the estate.
• Proof that the court’s approval was obtained by mistake or misrepresentation.

Practical limitations and timelines

There is no single, uniform rule that says every estate accounting can always be challenged after one year. Many states and courts apply a one‑year bar for certain types of objections, while allowing equitable relief for fraud or extraordinary facts. In North Dakota the decisive questions are the nature of the claim, the presence of fraud or concealment, and whether reopening would unfairly prejudice innocent parties. In some situations, statutory limitations for tort claims or other causes of action may apply, so you must act before those deadlines run.

Because statutes and procedural rules can control deadlines, review Title 30.1 of the North Dakota Century Code and consult counsel quickly. The statewide code is available here: https://www.legis.nd.gov/cencode/t30-1.

Helpful hints

• Gather documents now: final accounting, petitions, order approving the accounting, bank statements, cancelled checks, and correspondence with the personal representative.
• Look for concealment signs: missing assets, unexplained transfers, or distributions inconsistent with the will or law.
• Preserve electronic records: emails, text messages, and accounting files may be crucial.
• Ask the probate clerk for procedural requirements: filing fees, forms, and scheduling rules vary by county.
• Consider an accounting expert: a forensic accountant can analyze transactions and quantify loss to the estate.
• Weigh cost vs. recovery: litigation can be expensive. If the estate is small, alternative dispute resolution or settlement might be more practical.
• Act immediately if funds are at risk: request an emergency order to freeze distributions while you prepare your petition.
• Talk to a probate attorney who practices in North Dakota: they can identify applicable statutes, deadlines, and the best procedural path.

Where to learn more

Begin with the North Dakota Century Code on decedents’ estates: Title 30.1 — Decedents’ Estates. For procedural rules about relief from judgments or for local procedures, review the North Dakota court rules or contact the clerk of the county probate court where the estate was administered.