Detailed Answer — Step-by-step guide under North Dakota law

Short overview: A personal representative (sometimes called an executor if named in a will, or an administrator if not) manages the deceased person’s probate estate: locate assets, pay debts and taxes, and distribute the remainder to heirs or beneficiaries. In North Dakota, courts in the county where the decedent lived handle probate appointment and supervision.

1. Confirm whether probate is needed

Not every death triggers a full probate. Some assets pass outside probate (payable-on-death accounts, jointly titled property, life insurance with a beneficiary). If the decedent owned assets only of small value or everything already passes by contract/title, you may not need formal appointment. If probate is required, you must ask the county court to appoint a personal representative.

2. Check for a will and the nominated personal representative

If there is a will, it usually names a person to act as personal representative (executor). North Dakota courts generally give priority to the person nominated in a valid will unless the court finds a reason not to appoint them. If there is no will, North Dakota follows a statutory priority list (spouse, adult child, other heirs, creditor, or any suitable person) when naming an administrator.

3. File the petition for appointment in the correct county court

File the petition (often called an Application for Probate or Petition for Letters) in the county where the decedent was domiciled at death. The filing typically includes:

• Original or a certified copy of the death certificate.
• The original will, if one exists, or a statement that no will is available.
• A petition or application asking the court to appoint you as personal representative.
• A list of known heirs and beneficiaries, with their addresses if available.
• Any required filing fee and, if the court requires, a bond or a request to waive bond.

North Dakota probate forms, filing procedures, and local court contact information are available through the North Dakota Courts website: https://www.ndcourts.gov/legal-resources/probate-and-estate.

4. Notice and publication

After you file, the court directs notice to heirs and beneficiaries and may require publication of the probate filing in a local newspaper. This gives creditors an opportunity to make claims against the estate. The court’s instructions explain who must receive notice and how to prove service.

5. Bond and qualification

The court may require the personal representative to post a bond that protects the estate against mismanagement. A will sometimes waives the bond, or heirs can agree to waive it. If you must post bond, the paperwork and bond premium are arranged before the court issues Letters of Appointment.

6. Receiving Letters and acting as personal representative

Once the court approves your appointment and you qualify, the court issues official documents (often called Letters Testamentary or Letters of Administration). Those letters prove your authority to access accounts, transfer property, and act on behalf of the estate.

7. Duties after appointment

As personal representative you must:

• Identify and secure estate assets.
• Provide notice to creditors and pay valid debts and taxes.
• File inventories, accountings, and tax returns as required by the court and tax authorities.
• Distribute remaining assets to beneficiaries according to the will or North Dakota intestacy law.
• Close the estate by filing a final account or petition for discharge.

8. Timing and typical duration

Some tasks happen quickly (securing assets, filing the petition). Others take months (creditor claims period, collecting assets, selling property if necessary). The estate remains open until the court approves final distribution and discharges the personal representative.

Key North Dakota statutory references

North Dakota’s probate and administration rules appear in the North Dakota Century Code governing decedents’ estates and probate procedure. For general statutory guidance, consult the state code at the Legislature’s website, Title covering probate matters: https://www.legis.nd.gov/cencode/t30. For forms and court-specific instructions, see the North Dakota Courts probate page: https://www.ndcourts.gov/legal-resources/probate-and-estate.

When to hire an attorney

Consider hiring an attorney if the estate has complex assets (real estate, business interests, out-of-state property), unresolved creditor disputes, tax issues, or contested claims against the will or appointment. An attorney can prepare pleadings, advise about bond, represent the estate in court, and help complete the final accounting.

Disclaimer: This article explains general North Dakota procedures. It is educational only and is not legal advice. Consult a licensed North Dakota attorney for advice about your specific situation.

Helpful Hints — Practical steps to prepare before filing

• Locate the original will and any codicils. Keep the original document safe and ready to file with the court.
• Obtain multiple certified copies of the death certificate from the county vital records office.
• Gather basic information on assets: bank accounts, investment accounts, deeds, titles, insurance policies, retirement accounts, and outstanding debts.
• Prepare a list of likely heirs and beneficiaries with current contact information.
• Contact the county court clerk where the decedent lived for local filing rules, fees, and required forms.
• Ask the court clerk about bond requirements and whether the will waives bond.
• Keep careful, dated records of all transactions you make as personal representative; you will need them for the estate accounting and to protect yourself from liability.
• Communicate openly with heirs and beneficiaries to minimize surprises and reduce the chance of disputes.
• If the estate seems small and assets pass to a surviving spouse or immediate family, ask the court clerk whether a simplified or small-estate procedure applies.
• Consider consulting an attorney for an initial phone or brief meeting to learn whether you need full representation.