Disclaimer: This article is for informational purposes only and is not legal advice. Consult an attorney for guidance tailored to your situation.
Detailed Answer
North Dakota Statutory Requirements for Accountings
Under North Dakota law, a personal representative must prepare and file an accounting with the court and serve it on interested persons. North Dakota Century Code (NDCC) section 30.1-18-14 requires that the personal representative give at least 10 days’ notice of the filing of any account and deliver a copy to each person interested whose address is known. “Interested person” generally includes heirs, devisees, legatees, and creditors.
Requesting a Copy of the Accounting
If you are an interested person and did not receive a copy of the accounting, you may:
- Send a written request to the personal representative asking for a copy.
- Contact the clerk of the probate court where the estate is pending to inspect or obtain copies of filed documents.
Remedies if the Accounting Is Not Provided
If the personal representative fails to provide the accounting after notice, you can file a motion with the probate court to compel production. The court may issue an order requiring the personal representative to serve the accounting and may impose sanctions for noncompliance under NDCC section 30.1-18-16.
Helpful Hints
- Review the notice attached to the accounting to confirm deadlines for objections.
- Keep written copies of all correspondence with the personal representative.
- Contact the probate court clerk early to learn filing fees and procedures.
- Consider hiring an attorney if the personal representative continues to withhold required documents.
- Track the court’s online docket for status updates on motions you file.