Detailed Answer
Short overview: If you inherited a portion of a sibling’s home under North Dakota law and the house was sold as part of probate, you have the right to review the executor’s accounting and supporting documents to confirm your percentage share. North Dakota probate law gives the court authority to supervise estate administration and beneficiaries the right to request or seek court review of accountings. For statutory framework, see the North Dakota Century Code, Title 30.1 (Decedents’ Estates and Fiduciary Relationships): https://www.legis.nd.gov/cencode/t30-1.pdf.
1) Identify how the estate was supposed to be divided
First confirm whether distribution was by the decedent’s will or by intestacy (no valid will). The will controls distribution if valid. If there is no will, North Dakota intestacy rules in Title 30.1 govern who inherits and in what shares. The identity of beneficiaries and their shares determines the percentage you should receive.
2) Ask the executor for the formal accounting and supporting documents
Under North Dakota probate practice, the personal representative (executor/administrator) should prepare and provide an accounting of estate receipts and disbursements when requested or when accounting is required by the court. Ask in writing for:
- Copy of the will and the court’s order admitting the will (if any).
- Inventory or schedule of estate assets (including the house).
- Sales contract and settlement statement (HUD-1 or closing statement) showing gross sale price, real estate commissions, closing costs, mortgage payoffs, and any liens paid at closing.
- All receipts and invoices for estate expenses paid from sale proceeds (repairs, realtor fees, closing costs, funeral expenses, unpaid bills of the decedent, taxes).
- Executor’s fee or commission and any attorney fees charged to the estate (including the court order approving such fees, if available).
- Final accounting or proposed distribution sheet showing how the net proceeds were allocated among beneficiaries.
3) How to check the math (simple step-by-step)
- Start with the gross sale price of the house (from the closing statement).
- Subtract mortgage payoff(s) and liens paid at closing.
- Subtract closing costs tied to the sale (realtor commissions, title fees, recording fees, any escrowed items).
- Subtract estate administration costs paid from the sale proceeds (reasonable repairs made to make the house marketable, advertising, court costs, and approved attorney/executor fees).
- The remainder is the net distributable proceeds. Apply the beneficiary shares (as stated in the will or under intestacy) to that remainder to get each beneficiary’s share.
Example (hypothetical): House sold for $200,000. Mortgage payoff $50,000. Realtor + closing $12,000. Estate debts/expenses paid from sale $10,000. Net distributable proceeds = $200,000 − $50,000 − $12,000 − $10,000 = $128,000. If two equal heirs under the will or intestacy, each gets 50% = $64,000.
4) If numbers don’t match your expectation
If the executor’s math or allocations differ from your calculation, ask for itemized backup for each deduction. Common areas of disagreement are executor fees, attorney fees, repairs charged to the estate, and whether certain debts were properly charged to sale proceeds rather than other estate assets.
5) If the executor refuses or you still doubt the accounting
Beneficiaries may file a motion with the probate court to compel an accounting, to review the account, or to object to specific charges. The district court supervises administration of estates in North Dakota; court oversight can compel production of documents, require clarification, and resolve disputes. For procedural information, see the North Dakota Courts resource pages: https://www.ndcourts.gov and the North Dakota Century Code, Title 30.1: https://www.legis.nd.gov/cencode/t30-1.pdf.
6) When to consider hiring a lawyer
Consider an attorney if the executor refuses to provide documentation, if the accounting suggests misappropriation, if complex tax or lien issues affect distribution, or if you want help filing an objection or motion with the probate court. An attorney can also help interpret statutory language and prepare the proper filings.
7) Time limits and practical points
Probate timelines vary by case. Some accountings occur at intermediate steps; others occur at final distribution. If you await distributions, keep written records of your requests. If you intend to challenge an accounting or seek surcharge (recovery for executor misconduct), do not delay seeking advice—there are procedural rules and deadlines.
Reminder: This article explains general steps to confirm a distribution from a sale in North Dakota probate. For the specific statute language and procedures, consult the North Dakota Century Code, Title 30.1: https://www.legis.nd.gov/cencode/t30-1.pdf.
Disclaimer: This is general information, not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed North Dakota attorney.
Helpful Hints
- Request documents in writing and keep copies of all correspondence.
- Obtain the closing statement for the real estate sale—the closing disclosure/HUD-1 shows exactly what was paid and to whom.
- Ask for an itemized accounting that ties each expense to a source document (invoice, receipt, or bank record).
- Do your own quick calculation (gross sale − mortgages/liens − sale costs − admin costs = net distributable) to compare with the executor’s numbers.
- If you are an intestate heir, review Title 30.1 to understand who inherits and in what proportions, then compare that to the proposed distribution.
- If you doubt the reasonableness of executor or attorney fees, ask for a court review—North Dakota courts have authority to approve or reduce fees charged to the estate.
- Consider a short consult with a probate attorney to understand whether the documents you receive are complete and correct before moving to court.