Detailed answer

When probate paperwork lists the wrong relatives (for example, incorrect siblings) or contains other mistakes, North Dakota law provides ways to fix those errors. The right procedure depends on the type of mistake and how far the estate administration has progressed. Below are the common categories of errors and the usual steps to correct them.

1) Identify whether the error is clerical or substantive

– Clerical or typographical errors: mistakes like misspelled names, transposed dates, or a wrong box checked on a form. These are usually fixed by asking the court to correct the record.
– Substantive errors about identity or heirs: listing the wrong person as a sibling or omitting an heir altogether. These can affect who receives property and often require more formal court action, notice to interested parties, and evidence to prove the correct family relationships.

2) Typical correction methods

– Clerk or judge’s correction of clerical errors: If the mistake is purely clerical, you may ask the clerk of court or the judge to issue a correcting entry or an order nunc pro tunc (a court order that corrects the official record to reflect what should have been entered originally). This is the fastest route when no substantive rights are affected.

– Petition to amend pleadings, inventory, or returns: If an administratrix/executor filed an inventory or distribution report that names the wrong heirs, the personal representative can file an amendment with the court asking to correct it. The court will usually require notice to the estate’s interested parties.

– Petition for determination of heirs or for a hearing to establish heirship: When there is disagreement about who the decedent’s heirs are, the court can hold a hearing and make a formal determination of heirs. That determination controls intestate distributions and can correct lists of siblings or other relatives.

– Reopening the estate: If the estate has already closed and distributions occurred based on incorrect information, you may need to ask the court to reopen the estate so the error can be corrected and distributions adjusted. Reopening typically requires filing a petition and giving notice to parties who received distributions.

– Civil claims for recovery: If property has been distributed to the wrong person and cannot be fixed through probate procedures, an affected heir may have to file a civil claim against the person who received the property (for conversion, unjust enrichment, or similar remedies) to recover assets.

3) Evidence the court will want

The court will require documentation showing the correct family relationships or identity. Useful evidence includes:

• Birth certificates and death certificates
• Marriage certificates and divorce decrees
• Affidavits from family members or other witnesses
• Paternity or adoption records, where relevant
• Family bibles, census records, or other contemporaneous documents

4) Notice and objecting parties

Most petitions to correct probate records require notice to all interested parties (heirs, beneficiaries, creditors, and the personal representative). Anyone who objects can ask for a hearing. If you expect objections, be prepared to show proof of the correct facts at a court hearing.

5) Timing and deadlines

Some probate contests and claims have statutory deadlines. For example, claims against the estate or formal will contests are subject to time limits under North Dakota law. If you suspect an error that affects distribution, act promptly. Delaying can make correction more difficult or may require reopening a closed estate.

6) Where to file and procedure references

Probate matters in North Dakota proceed in the district court of the county where the decedent lived. The North Dakota Century Code contains the statutes that govern probate and estate administration; see the probate title for procedures and powers of the court. For general probate statutes, forms, and procedural guidance see:

• North Dakota Century Code, Title 30 (Probate)
• North Dakota Court Forms — Estate & Probate

7) Practical roadmap — step by step

1. Obtain and review the probate file at the county district court clerk’s office (or the court’s online docket, if available).
2. Gather documentary evidence that proves the correct family relationships or identities.
3. Discuss the issue with the personal representative (executor/administrator); sometimes they will voluntarily file an amendment or correction with the court.
4. If voluntary correction is not possible, prepare and file a petition with the court asking for a correction, a hearing to determine heirs, or to reopen the estate—depending on what is needed.
5. Serve all required notices to interested persons as ordered by the court or required by statute.
6. Attend the hearing with your evidence. If the court rules in your favor, it can issue an order correcting the record and directing any necessary follow-up (amended distributions, reopening the estate, etc.).

8) When to hire an attorney

Consider hiring a probate attorney if:

• Distributions already occurred and money or property must be recovered.
• Multiple heirs dispute who should inherit.
• There are complexities like adoption, out-of-state heirs, or potential creditor claims.

A lawyer can draft petitions, advise on deadlines, handle service and hearings, and reduce the chance the court denies a requested correction for procedural reasons.

Helpful Hints

• Act quickly. The sooner you address errors, the easier they are to correct and the less likely distributions are final.
• Make certified copies of vital records (birth, death, marriage) before filing anything with the court.
• Keep a paper trail. Save emails, letters, and notes showing you raised the error with the personal representative or court staff.
• If you are an heir or beneficiary, request copies of the estate inventory, accountings, and court filings so you can spot errors early.
• Use affidavits from people with direct knowledge when documentary proof is unavailable; courts accept sworn statements when reasonable.
• Be realistic about costs. Reopening an estate or pressing a claim can add legal and court costs; weigh the likely recovery against those costs.
• Check local court websites for specific forms and filing rules; counties may have differing procedures for fee waivers, forms, and scheduling hearings.