Hypothetical facts: A parent who lived in Grand Forks died recently. The decedent left no appointed personal representative, and several adult children live nearby. You intend to petition the court to be appointed Administrator of the estate, but you are concerned a sibling may remove personal property from the house before the court acts.

What North Dakota law generally allows and what it does not

Under North Dakota law, a decedent’s estate is controlled by the probate process administered by the district court in the county where the decedent lived. Until the court appoints a personal representative (an executor named in a will or an administrator when there is no executor), no one has legal authority to distribute estate assets or permanently take items that belong to the estate. The North Dakota Century Code contains the statutes governing decedents’ estates; see the official code at https://www.legis.nd.gov/cencode.

Immediate practical steps you can take now (before appointment)

1. Secure the property physically: Change or rekey the locks on external doors if you can do so without forced entry and without preventing others’ access required by law. Use a keyed deadbolt or a temporary lockbox for keys. Make sure you have permission from whoever controls the residence (e.g., co-owner). If others object, document their objection in writing and consider law enforcement assistance (see below).
2. Document the condition and contents carefully: Walk through the house and create a room-by-room inventory. Photograph and video all rooms, doors, windows, furniture, appliances, jewelry, artwork, collectibles, and other valuables. Save timestamps and keep original files. Take close-up photos of serial numbers on electronics and major appliances.
3. Create a written inventory and chain-of-custody log: List each item (or category) with location and a short description. Note who you spoke to, when you entered the house, and who was present. If you remove anything for safekeeping, record the date, time, reason, and where you placed the item, and have a witness sign the log whenever possible.
4. Safeguard high-value items: Move keys, cash, financial records, original wills, insurance papers, titles, and small valuables (jewelry, passports) to a secure location such as a locked safe or a bank safe-deposit box. Keep records showing where each item was placed. If you remove items from the home, avoid touching items more than necessary and photograph items in place first.
5. Notify family and interested parties in writing: Send a short written notice (email or letter) to siblings and other close relatives stating that the decedent has died, that the property is being inventoried and preserved pending probate, and that no one should remove items until a personal representative is appointed. Keep copies of the notices and any responses.
6. Contact law enforcement if someone attempts to steal or force entry: If a sibling or anyone else removes items without consent or uses force, call local police and report suspected theft or trespass. Criminal laws prohibit unauthorized removal of property. Preserve photos, video, and witness statements to support any report.
7. File a petition for appointment promptly: Start the probate process as soon as possible by filing a petition in the district court in the county where the decedent lived. The court will appoint an administrator subject to bond and will require an inventory after appointment. North Dakota courts provide probate procedure information at https://www.ndcourts.gov.
8. Ask the court for immediate protection if necessary: If you have a credible threat that property will be removed or destroyed, you can ask the court for temporary relief when you file the petition. The court may issue temporary possessory orders or allow appointment of a temporary administrator to protect the estate pending full appointment. Consult an attorney about which immediate relief to request in your petition.

How the probate appointment helps and what to expect

Once you file a petition for appointment and the court acts, the personal representative receives legal authority to collect, preserve, and distribute estate assets under the supervision of the court. The administrator must file an inventory and account for estate property; the court can sanction unauthorized removals or require return of property taken improperly. North Dakota’s probate statutes and local court rules govern inventory and administration processes (see general statutes at https://www.legis.nd.gov/cencode and court resources at https://www.ndcourts.gov).

When to call an attorney and what to ask

• If siblings threaten to remove property, an attorney can prepare a short, timely petition asking the court for temporary protection or a temporary appointment and can advise whether a police report is appropriate.
• If the decedent left a will and someone claims authority to act under it prematurely, an attorney can clarify who may lawfully take possession and seek immediate court orders to prevent interference.
• Ask an attorney about filing for emergency or interim appointment, the type and amount of bond required, how to prepare the inventory for court, and how best to preserve evidence of current condition.

Evidence you should collect before court appointment

• Tight photographic and video records of all rooms and valuables, with timestamps.
• Copies or originals of wills, deeds, titles, insurance policies, and financial account statements.
• Correspondence with family members about possession of assets.
• Witness statements if any neighbor or family member observed removals or threats.

Law enforcement and civil remedies

If someone steals property, you can call police to pursue criminal charges for theft or trespass. You may also ask the probate court for civil relief—an order restoring possession, injunctive relief, or sanctions. The probate court enforces estate rights and accounts. For basic information on North Dakota courts and probate, see https://www.ndcourts.gov and for the state statutes see https://www.legis.nd.gov/cencode.

Practical example (brief)

You file a probate petition in the county district court within a few days of the death. At the same time, you send all siblings a short email stating that you will prepare an inventory and will ask the court for temporary protection if anyone attempts to remove property. You photograph the house, place the original will and the deceased’s checkbook in a bank safe-deposit box, change exterior locks, and note on the inventory that you did so. Because a sibling attempted to remove a set of antique lamps, you call the local sheriff and file a police report, and you ask the court at filing to consider a short interim order preventing anyone from removing property until the court appoints and the administrator posts bond.

Key North Dakota resources

• North Dakota Century Code (Decedents’ Estates and other statutes): https://www.legis.nd.gov/cencode
• North Dakota Courts (probate procedural information and local court contacts): https://www.ndcourts.gov

Helpful Hints

• Act quickly. Prompt documentation makes it easier to show the court what changed and when.
• Keep everything in writing. Emails and letters create a record that supports your position later.
• Use photo/video timestamps and back up files to multiple locations.
• Never use force or illegal entry to retrieve items; that can create criminal exposure.
• If you remove property for safekeeping, document why removal was necessary and where items are kept.
• File the probate petition early and request temporary protection when facts justify it.
• Contact local police for immediate unlawful removal; contact an attorney for court-based remedies.
• Keep emotions out of communications. Short, factual messages carry more weight in court.