Detailed answer — what to expect and the step‑by‑step process

If an adult dies without a will (intestate) in North Dakota, the court appoints a personal representative (often called an administrator) to collect assets, pay valid debts, and distribute the remaining property to heirs under North Dakota law. The process and timeline vary by county, but the basic steps are consistent across the state.

1. Confirm intestacy and identify likely heirs

“Intestate” means there is no valid will. North Dakota law sets which family members inherit when there is no will; typically a surviving spouse and children have first priority, then parents, then siblings, and so on. If a deceased person left no spouse, no children, and no parents, a sibling may be an heir and therefore eligible to be appointed. For general information about the applicable statute framework, see the North Dakota Century Code information page: North Dakota Century Code (Title 30.1 — Estates and related provisions).

2. Determine who has priority to be appointed

North Dakota gives appointment priority to certain people (for example, a surviving spouse, an adult child, or another close heir). If no one with higher priority is available or willing, a sibling can ask the court to be appointed. If several equally-priority people apply, the court decides who is best qualified. Check with the county court clerk to confirm how priority is handled in your county and whether anyone higher in priority has already applied.

3. File a petition for appointment of personal representative (administrator)

Go to the district court in the county where the decedent was domiciled on the date of death and file a petition for appointment of personal representative for an intestate estate. The petition usually requires the decedent’s identification, the names and addresses of heirs, a certified copy of the death certificate, and a statement that there is no will (or a copy of the will if one exists).

North Dakota courts provide probate forms and practical instructions you can use to start the process. See the probate forms and resources page: North Dakota Courts — Probate forms.

4. Notice to heirs and interested parties

After you file the petition, the court will require notice to known heirs and other interested persons. This ensures everyone who has an interest in the estate can object to the appointment if appropriate. In some cases the court will require published notice to unknown creditors.

5. Bond requirement

The court may require the personal representative to post a bond (insurance that protects the estate against mismanagement). Heirs can sometimes waive the bond requirement in writing. If you are a sibling seeking appointment, obtaining written waivers from other heirs can simplify bonding requirements and speed appointment.

6. Appointment hearing and issuance of letters

The court may set a short hearing. If the court approves the petition, it issues letters testamentary or letters of administration (often called “letters of appointment”). Those letters give you authority to act for the estate — collect assets, pay bills, and distribute property according to the law.

7. Duties after appointment

As administrator you must inventory estate assets, notify creditors, pay allowed debts and taxes, and distribute remaining property to heirs under North Dakota’s intestacy rules. You must keep records and file reports with the court as required by law and local practice.

8. What if multiple people want to be administrator or someone objects?

If someone objects to your appointment (for example, another sibling or a higher‑priority heir files a competing petition), the court will hold a hearing to resolve who should be appointed. The court considers factors such as the person’s suitability, availability, honesty, and any conflicts of interest.

9. When to hire an attorney

If the estate is complicated (significant assets, real estate, tax issues), if there are disputes among heirs, or if creditors are aggressive, consult a probate attorney. An attorney can prepare the petition, handle creditor claims, and guide the administrator through title transfers and tax filings.

Typical timeline and costs

Filing and appointment can take a few weeks to a few months depending on county workload and whether notice or publication is required. Court filing fees, bond costs (if any), and possible attorney fees are typical outlays. Check the district court clerk in the county where the decedent lived for local filing fees and procedures.

Helpful hints

• Start by getting a certified copy of the death certificate from the county of death. You will need this in court filings and for banks and other institutions.
• Contact the district court clerk in the county where the decedent lived for the probate filing packet and local fee schedule. Clerks often provide basic process information and the required forms.
• Gather information about assets and debts before filing: bank accounts, real estate, vehicle titles, life insurance, and outstanding bills. A clear list speeds the process and helps the court assess bond needs.
• If other closer heirs exist (spouse, children, or parents), confirm whether they intend to apply. If they waive appointment or do not object, your appointment will be simpler.
• If the estate has real property in multiple counties or states, consult an attorney about ancillary administration and any additional filings required.
• Obtain written waivers from heirs who agree you should serve — these can reduce or eliminate bond requirements and potential contests.
• Keep detailed records of all estate transactions and provide regular accountings if the court requests them.
• Use official resources: North Dakota Courts probate forms (https://www.ndcourts.gov/legal-resources/forms/probate) and the North Dakota Century Code reference for estate law (https://www.legis.nd.gov/general-information/north-dakota-century-code).
• When in doubt, consult a North Dakota probate attorney. Even a short consultation can clarify whether you should proceed on your own or hire professional help.