Reviewing and Fixing Missing or Incorrect Probate Filings under North Dakota Law

Quick summary: If you believe probate filings for your father’s estate are missing or incorrect in North Dakota, you can review the public court file, request copies, and ask the court to correct or compel missing filings. Common remedies include motions to compel inventories or accountings, petitions to reopen or supplement the record, and petitions to remove or surcharge a personal representative. Act quickly — some issues have time limits. This is educational information, not legal advice.

Detailed Answer

1. Where probate records live and how to review them

• Probate proceedings in North Dakota are handled by the district court of the county where the decedent lived. The courthouse clerk keeps the official probate file and docket.
• Probate records are generally public. You can visit the clerk’s office in person or ask the clerk for copies or electronic access to the file. Ask for the case number, petitions, the will (if filed), letters testamentary or of administration, inventories, accountings, notices served, and court orders.
• If you don’t know the county or case number, the clerk can search by decedent name and date of death.
• Useful starting points: North Dakota Century Code and the North Dakota Courts website (general resources and clerk contact information). See North Dakota Century Code (probate provisions) at https://www.legis.nd.gov/cencode and the North Dakota Courts website at https://www.ndcourts.gov/.

2. Common types of missing or incorrect probate filings

• Missing or unfiled inventory of estate assets.
• Missing accountings (periodic or final) from the personal representative.
• Errors in pleadings or orders (typos, wrong dates, omitted exhibits such as the will).
• Failure to publish or give required notice to heirs, creditors, or beneficiaries.
• Clerical omissions in the court record (documents not scanned or docketed properly).

3. Steps to correct missing or incorrect filings

1. Gather your documentation. Collect the death certificate, any copy of the will, notices you received, letters testamentary/administration if you have them, and any communications with the personal representative or attorney.
2. Review the court file and docket. Ask the clerk for the full file and docket entry list. Note what is missing or incorrect (document name, date, and docket entry number if available).
3. Contact the personal representative or the representative’s attorney. Many issues (like missing inventories or documents) are resolved by requesting the missing filing first. Keep written records of requests and responses.
4. If informal requests don’t work, file a formal court request or objection.
   • Common filings you can use: Motion to Compel (to require an inventory or accounting), Motion to Correct Clerical Error or to Amend the Record (to fix typos or omitted exhibits), Petition to Reopen Estate or Supplement Records (if documents were lost or not filed), or Objection to Account or Petition.
   • If the personal representative refuses to file required reports, a petition to the court for an order compelling filing (or for removal or surcharge of the representative) is appropriate.
5. Ask the court clerk for procedural rules and required forms. Some counties provide probate forms or local rules. If forms aren’t available, check the district court’s civil procedure and probate practice rules on the North Dakota Courts site or ask the clerk what to include in your motion or petition.
6. Serve interested parties and follow notice rules. When you file motions or petitions, the court usually requires you to serve the personal representative, beneficiaries, and other interested persons. Follow the court’s rules for service and filing.
7. Attend hearings and bring evidence. Be prepared with copies of documents, a clear timeline of events, and a concise statement of the relief you want (e.g., compel inventory, correct the record, order accounting, remove representative).
8. If the error is clerical or minor, ask for a nunc pro tunc or corrective order. Courts often correct clerical mistakes in orders or records on motion when the substance of the decision is clear but the written record contains errors.
9. For allegations of misconduct, consider a petition for surcharge or removal. If the personal representative mismanaged assets, failed to account, concealed property, or acted in bad faith, the court can order financial remedies or remove the representative. These are serious claims and usually require clear proof.
10. Consider alternative relief for missing assets or fraud. If assets are missing or transferred improperly, you may need to pursue an accounting, turnover order, or a civil claim. The estate’s creditors/beneficiaries and the court can pursue recovery.

4. Time limits and practical deadlines

Some probate matters have deadlines. For example, there are statutory deadlines for presenting creditor claims and rules that affect the timing of will contests and account objections. You should act promptly after discovering missing or incorrect filings. If you wait too long you may lose some remedies.

5. When to get a lawyer

• Hire an attorney if the matter involves contested accountings, alleged misconduct by the personal representative, removal proceedings, or complex claims to estate assets.
• If you can’t resolve missing filings through the court clerk or a simple motion, an attorney familiar with North Dakota probate law can draft pleadings, gather evidence, and represent you at hearings.

Relevant North Dakota Legal Resources

• North Dakota Century Code (general index for statutes): https://www.legis.nd.gov/cencode
• North Dakota Courts — main site and resources for locating clerks, rules, and local contacts: https://www.ndcourts.gov/

Important: For statutes specifically governing probate procedure, fiduciary duties, inventories, accountings, and remedies in North Dakota, consult the North Dakota Century Code probate provisions (see the code index above) or speak with a licensed North Dakota attorney as soon as possible.

Helpful Hints

• Get the case number from the clerk — it makes searches and requests much faster.
• Keep written records of every request you make to the personal representative or their attorney (emails, certified letters, and notes of phone calls).
• Ask the clerk whether your county offers remote or electronic access to dockets and scanned filings — many counties provide online access.
• When filing motions or petitions, attach a short chronology and copies of any supporting documents to make the court’s job easier.
• Be concise and specific in your requests to the court: identify the missing filing by name and date range, and state the exact relief you seek (e.g., compel filing within X days, correct clerical error).
• If you are an heir or beneficiary, confirm your status in the probate file so you receive future notices and filings.
• If you suspect asset concealment or theft, contact the court quickly — delays can make recovery harder.
• Consider limited-scope representation if you only need help drafting one motion — many attorneys offer this cost-efficient option.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed North Dakota attorney.