When the person named as personal representative refuses to serve: How to get appointed in North Dakota

Quick answer: If a parent’s will names one child as personal representative (executor) but that child refuses to serve, another person who is next in priority (for example another nominated person or an interested heir) can ask the county court to appoint them. The usual steps are: obtain the original will and death certificate, get the nominated person to renounce in writing if possible, file a petition for probate and appointment (often called appointment of personal representative or administration with will annexed), provide required notices, and attend the court hearing. The court will appoint a personal representative under North Dakota probate rules and the North Dakota Century Code if the nominated person will not or cannot serve.

Detailed answer — how the appointment process works in North Dakota

This section explains the process from zero legal knowledge and assumes a typical situation: your parent died, left a will naming your sibling as personal representative, and that sibling refuses to serve. The goal is to become the personal representative (executor) so you can administer the estate.

1. Basic legal framework

North Dakota’s probate laws set the order and procedures for appointing a personal representative when someone dies with a will (testate) or without (intestate). The court generally gives first priority to a person named in the will. If the named person declines, the court may appoint another person who is qualified and willing. For an overview of North Dakota’s probate laws, see the North Dakota Century Code, Title 30 (Probate): https://www.legis.nd.gov/cencode/title-30. For practical court forms and instructions, see the North Dakota Courts probate and trusts pages: https://www.ndcourts.gov/legal-resources/probate-and-trusts.

2. Common legal mechanisms when the named personal representative refuses

• Renunciation: The person named may sign a written renunciation or refusal of appointment. A formal renunciation speeds the court process because it proves the nominated person won’t act.
• Petition for appointment: You (or another interested person) file a petition with the county court asking to probate the will and be appointed as personal representative. The petition states that the named nominee refused or failed to qualify.
• Priority rules and court discretion: If the will names an alternate personal representative, the court typically appoints that alternate. If the will names no alternate, North Dakota’s probate procedure allows the court to appoint a suitable person — often an heir, surviving spouse, or other interested party — as personal representative. The court will consider who is qualified and whether any interested parties object.
• Bond and qualifications: The court can require a bond (insurance) from the personal representative unless the will waives bond or the court dispenses with it. The appointed person must be an adult and otherwise qualified under state law.

3. Practical step-by-step checklist to seek appointment

1. Locate the original will and get certified copies of the death certificate.
2. Ask the named sibling in writing to confirm refusal or to sign a formal renunciation. A signed renunciation simplifies the court’s work and can reduce delays.
3. Contact the county probate court clerk in the county where your parent lived to obtain the required forms and filing requirements. North Dakota courts publish probate forms and instructions online: https://www.ndcourts.gov/legal-resources/probate-and-trusts/forms.
4. File a petition to probate the will and for appointment of a personal representative. In that petition, explain the named nominee’s refusal and state why you are qualified and willing to serve.
5. Serve or provide notice to interested parties as required by North Dakota law and local court rules. The court will set a hearing date if it needs one.
6. Attend the hearing (if scheduled). If no interested parties object and the court is satisfied, the judge will issue letters testamentary (or similar documents) appointing you as personal representative.
7. Obtain letters from the court and fulfill bond or inventory requirements. Then you can act on behalf of the estate: gather assets, pay debts and taxes, and distribute property per the will and court directions.

4. What if the named person simply does nothing (neither accepts nor formally renounces)?

If the named person fails to act, you can still file a petition and notify the court that the nominated executor has not qualified or accepted. Courts typically allow a reasonable period for the nominee to qualify; after that, the court may remove or replace them by appointing another qualified person. Filing the petition and following the court’s notice procedures begins that process.

5. What if there is a dispute or objection?

Any interested party (heirs, beneficiaries) can object to your appointment. The court will hear evidence and apply the law to decide who should serve. If there are allegations that the will is invalid, or the nominated person is unfit, the court will handle those issues in the probate proceeding. If contested, consider getting legal help because contested probate can raise complicated issues (validity of the will, capacity, undue influence, conflicts of interest).

6. Bond and estate administration responsibilities

The appointed personal representative has fiduciary duties: follow the will, act in beneficiaries’ best interests, preserve estate assets, pay debts and taxes, and make distributions. The court may require a bond to protect the estate unless the will waives bond or the court dispenses with it. The court can remove a personal representative who breaches duties.

Helpful hints

• Get originals: Locate the original will; courts generally require the original paper will, not a copy.
• Written renunciation helps: If the named sibling will sign a written renunciation, attach it to your petition to speed approval.
• Call the county court clerk early: They can tell you which forms to use, filing fees, and local procedural steps.
• Prepare proper notice: Failing to notify required parties can delay the process. The court clerk can advise who must be served.
• Consider bond costs: If the will does not waive bond, be prepared for the cost of a bond, which many insurers issue quickly once the court orders it.
• Keep records: Maintain careful records of all estate transactions; beneficiaries and the court will expect clear accounting.
• When in doubt, consult a probate attorney: If there is a dispute, complex assets, or tax concerns, an attorney can help protect your rights and avoid mistakes. This article does not replace legal advice.

Relevant North Dakota law and resources

North Dakota’s probate laws are located in the North Dakota Century Code, Title 30 (Probate). For the text of the statutes and detailed provisions about appointment of personal representatives, renunciations, bonds, and probate procedure, see: https://www.legis.nd.gov/cencode/title-30. For forms and practical guidance from the state courts, see: https://www.ndcourts.gov/legal-resources/probate-and-trusts.