Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Step 1: Determine Whether You Need a Guardian or Guardian ad Litem
When a minor stands to inherit property or funds from an estate, the court must ensure someone manages those assets until the minor reaches majority. A guardian of the property handles ongoing management of the minor’s estate interest. A guardian ad litem represents the minor’s interests in contested probate proceedings, such as will contests or disputes among heirs.
Step 2: Prepare and File a Petition
File a petition in the appropriate North Dakota district court. Include:
- The minor’s name, date of birth and expected inheritance;
- Names and addresses of the minor’s parents or existing guardian;
- A statement of why a guardian or guardian ad litem is necessary;
- The type of appointment requested: property guardian only or guardian ad litem.
For a property guardian appointment, see North Dakota Century Code § 30.1-20.2 (NDCC § 30.1-20.2).
For a guardian ad litem, refer to NDCC § 30.1-27 (NDCC § 30.1-27).
Step 3: Provide Notice and Serve Parties
North Dakota law requires notice to:
- The minor (if old enough to understand);
- The minor’s parents or existing guardians;
- Other heirs and interested parties in the estate.
Proper service ensures all parties can object or consent before the hearing.
Step 4: Attend the Court Hearing
The court will hold a hearing to:
- Review the petition and any objections;
- Evaluate the proposed guardian’s qualifications;
- Ensure the appointment serves the minor’s best interests.
If the court grants the petition, it issues letters of guardianship or letters of guardian ad litem appointment.
Step 5: Fulfill Duties and Bond Requirements
A guardian of property must:
- Post a court-approved bond to protect the minor’s estate;
- File an inventory and appraisement of all estate assets;
- Manage investments, pay expenses and preserve principal.
See NDCC § 30.1-21 for inventory and bond rules.
A guardian ad litem must:
- Investigate the estate dispute;
- Advocate exclusively for the minor’s legal and financial interests in the litigation;
- Report to the court on recommended outcomes.
Step 6: Accountings and Termination
The property guardian must file regular accountings and obtain court approval of all transactions (NDCC § 30.1-23). The court terminates guardianship when the minor turns 18 or upon court order if the estate interest is fully managed or distributed.
Helpful Hints
- Consult probate court rules in your county for local procedures and fees.
- Gather certified birth certificates and death certificates before filing.
- Ask the court clerk for sample petitions and forms.
- Keep detailed records of all guardian transactions and communications.
- Review bond schedules to calculate the appropriate guardian bond amount.