Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Under North Dakota law, the court appoints an administrator based on a statutory priority list codified in NDCC §30.1-07-02. The order of preference includes:
- Surviving spouse
- Adult children
- Grandchildren by representation
- Parents
- Siblings
- Other heirs
If a higher-priority heir exists, a client can only secure appointment by demonstrating that the superior heir is disqualified, has waived the right, refuses to serve, or fails to qualify. Key steps:
- Identify Statutory Priority: Confirm the ranking under NDCC §30.1-07-02.
- Establish Grounds for Disqualification: Under NDCC §30.1-07-05, the court may refuse letters to:
- Minors or legally incompetent persons
- Nonresidents without a court waiver
- Individuals convicted of certain felonies
- Those who decline to serve or fail to post bond
- Obtain a Written Waiver: Have the higher-priority heir sign a notarized renunciation of their right to serve. While NDCC does not prescribe a specific form, clear language and notarization strengthen your position.
- File a Petition: Submit an application for letters of administration in the appropriate county court. Attach evidence of disqualification or the signed waiver.
- Attend the Hearing: Present documentation showing the superior heir’s unfitness or waiver. The court will then consider appointment of the next eligible person—your client.
- Qualify as Administrator: If appointed, execute the required oath and post any bond under NDCC §30.1-07-06 to receive official letters of administration.
Absent disqualification or waiver, the court must appoint the higher-priority heir (NDCC §30.1-07-02).
Helpful Hints
- Keep a clear copy of any waiver or refusal letter.
- Verify residency status of heirs to spot potential disqualifications.
- Check criminal history records for disqualifying convictions.
- File your petition promptly to reduce competing applications.
- Consider consulting a probate attorney to review your petition and evidence.