Detailed Answer
Under North Dakota law, heirs or other interested persons may petition the court to reopen a closed probate estate to claim unadministered or omitted assets. All such requests follow the supplemental proceedings outlined in Chapter 30.1-32 of the North Dakota Century Code.
1. Identify Grounds for Reopening
Per NDCC § 30.1-32-03, if assets were omitted from the original administration—whether discovered later or mistakenly left out—you may seek an order to administer those assets.
2. Prepare and File the Petition
Draft a “Petition for Supplemental Proceedings” and include: the decedent’s name, probate case number, date of estate closing, description and approximate value of the omitted assets, and your relationship to the estate. File this petition with the clerk of district court in the same county where the probate estate was administered.
3. Serve Notice on Interested Parties
Under the North Dakota Rules of Civil Procedure, you must serve the petition on all interested parties, including beneficiaries, creditors, and the personal representative. After service, file a certificate of service with the court to document compliance.
4. Attend the Hearing
The court will schedule a hearing to review your petition. Bring evidence such as bank statements, title documents, affidavits, or appraisals to establish the existence and value of the assets you wish to administer.
5. Obtain the Court Order
If the court finds sufficient grounds, it will issue an order authorizing supplemental administration. This order reopens the estate solely for the identified assets and gives you authority to collect and distribute them according to the original will or the statutes of intestacy.
6. Administer and Close the Supplemental Proceeding
After collecting the assets, distribute them in accordance with the court’s order. Finally, file a supplemental accounting and a petition for discharge of the personal representative to formally close the supplemental proceeding.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Review NDCC § 30.1-32-03 before filing.
- Gather proof of ownership for the omitted assets, such as bank or property records.
- Verify notice requirements under the North Dakota Rules of Civil Procedure.
- Keep detailed records of service and filings, including dates and recipients.
- Consider consulting a probate attorney if the estate involves complex assets or multiple claimants.