Detailed answer

Which court handles an intestate estate?

The district court in the county where the decedent lived (the decedent’s residence) handles probate and the appointment of a personal representative (often called an administrator when there is no will). See North Dakota Century Code (Probate provisions) for governing rules: North Dakota Century Code, Title 30.1 (Probate).

Who may be appointed administrator? Order of priority

Under North Dakota law, the court prefers persons who are nearest in kinship and those with the best interest of the estate. Typical appointment priority (common scenarios) is:

• Surviving spouse (if any).
• Adult children or the person nominated by a majority of the adult children.
• Other next of kin (parents, siblings, more distant relatives) if no spouse or children exist.
• If no qualified family member volunteers, a creditor may petition, or the court may appoint a public administrator.

The court will consider who is willing and able to serve, potential conflicts, and whether the proposed administrator is a resident or nonresident. If multiple people petition, the court decides based on priority and fitness.

Step-by-step: How to get appointed

1. Check for a will. Before anything else, confirm whether your dad left a will. If a will exists, the process is different (the will usually names a personal representative). If there is no will, the estate is intestate and the court follows statutory rules of intestacy and appointment.
2. Gather basic documents and information. You will need the original death certificate, your dad’s full legal name, last residence, list of obvious assets (bank accounts, real estate, vehicles), and the names and addresses of likely heirs.
3. Determine which court to file in. File in the district court in the county where your dad resided when he died. The clerk can tell you the specific forms and current filing fee.
4. Prepare and file a petition for appointment. File a Petition for Appointment of Administrator (probate petition) asking the court to appoint you. The petition typically asks for the court to: open probate, appoint a personal representative, authorize issuance of letters of administration, and set bond terms (if any).
5. Provide an oath and bond (if required). North Dakota often requires the personal representative to take an oath to faithfully administer the estate. The court may require a bond (insurance guaranteeing performance). Bond can sometimes be waived if all heirs agree or the court finds it unnecessary.
6. Serve notice to heirs and publish notice to creditors. The court typically requires formal notice to all heirs and interested persons and may require publication to notify unknown creditors. This protects the estate against late claims. See North Dakota probate rules for notice and claim deadlines: NDCC Title 30.1 (Probate).
7. Attend the hearing (if the court orders one). Some uncontested petitions are handled by the clerk; others require a hearing. If another person contests your appointment, the court will schedule a hearing where both sides present reasons for or against appointment.
8. Receive letters of administration. If the court approves your petition, it will issue letters of administration (official documents that prove your authority to act for the estate). With these letters you can access accounts, sell property if authorized, and settle claims.

Timing and creditor claims

Once appointed, the administrator must provide notices to creditors and follow statutory claim deadlines. The court’s instructions or statutory provisions set the timeframe for presenting claims against the estate. Follow the court’s directions and check the ND statutes for claim procedures: NDCC Title 30.1 (Probate).

What if someone else wants to be administrator or contests your appointment?

If more than one person petitions, the court decides based on statutory priority, fitness to serve, any conflicts of interest, and the best interest of the estate. If an interested person objects, they must file an objection and the court will hold a hearing. If you face a contested appointment, consider consulting a probate attorney to protect your position and comply with court procedures.

What duties will you have as administrator?

Primary duties include gathering assets, securing property, notifying heirs and creditors, paying valid debts and taxes, and distributing remaining assets according to North Dakota’s intestacy laws. You must keep accurate records, file inventories and accountings if required by the court, and act in the estate’s and heirs’ best interests.

Intestate succession basics

If there is no will, North Dakota’s intestate succession rules determine who inherits. Those rules identify classes of heirs (spouse, children, parents, siblings, etc.) and the share each receives. See North Dakota probate statutes for intestacy rules: NDCC Title 30.1 (Probate/Intestate Succession).

When to hire a probate attorney

Consider hiring a probate lawyer if the estate has complex assets (business interests, real estate in multiple states), if heirs contest appointment or distributions, or if tax issues arise. A lawyer helps prepare petitions, represent you at hearings, and advise on creditor claims and distributions.

Disclaimer: This article explains general procedures under North Dakota law and does not provide legal advice. It is not a substitute for speaking with a licensed attorney about your specific situation.

Helpful hints

• Start by getting multiple certified copies of the death certificate from the local health department or funeral home.
• Search for a will at the decedent’s home, safe deposit box, attorney’s office, or with close family. If you find a will, file it with the court right away.
• Contact the clerk of district court in the county where your dad lived to ask about required probate forms, fees, and local court procedures.
• Prepare a short inventory of obvious assets (bank accounts, retirement accounts, vehicles, real estate) to include with your petition when asked.
• Talk to other heirs early. If everyone agrees you should be administrator, they can sign waivers or consents that speed the appointment and may allow bond waivers.
• Be transparent and keep good records. Clear communication with heirs reduces conflict and eases court reporting.
• Ask the court clerk or review local court resources for standard forms. The North Dakota Courts website includes probate resources and forms that are often helpful: North Dakota Courts.
• If you expect a dispute, consult a probate attorney before filing to avoid procedural mistakes that can delay the appointment.