Detailed Answer
Short overview: If a proposed personal representative (often called an administrator) is refusing to share estate asset information and documents, you have several practical and legal steps you can take under North Dakota law. The North Dakota Century Code (Title 30.1, the Probate Code) governs probate administration and gives “interested persons” rights to information, inventories, and court-ordered accountings. See the probate code here: North Dakota Century Code, Title 30.1 (Probate). This is not legal advice—see the disclaimer at the end.
1) Identify your status and gather documents
First confirm that you are an “interested person” (heir, beneficiary named in a will, creditor, or a person otherwise affected by the estate). Collect whatever you already have: the will (if any), the death certificate, the petition for appointment filed in probate court (you can get court filings from the clerk of district court), any correspondence with the proposed administrator, and any documents showing your relationship or entitlement.
2) Ask for records in writing
Make a formal written request for the estate records you want—copy of the inventory, account statements, title documents, deeds, bank statements, and any receipts of estate expenditures. Send the request by certified mail (or another traceable method) and keep copies of everything. A clear written demand creates a record if you later need to involve the court.
3) Check what has already been filed with the court
Probate is a public court process. Visit or contact the clerk of the district court where the estate proceeding was filed and review the case file. The petition, bond, letters of appointment, and sometimes inventories or accountings might already be on file. The clerk can tell you what has been filed and when the personal representative was appointed.
4) Request a formal accounting or inventory from the court
If informal requests do not work, you can ask the probate court to order production of records. Under the probate code, the court has authority to require a personal representative to file an inventory and to render accounts. While specific section numbers and filing rules are in NDCC Title 30.1, common remedies include:
- Motion to compel production of an inventory and financial records.
- Motion for an order requiring a formal accounting of estate transactions.
- Motion for a protective or supplemental order if there is a claim of missing or mismanaged assets.
Ask the court for an expedited hearing if you believe assets are at risk (e.g., sale, dissipation, or concealment).
5) Ask the court to appoint a special fiduciary or take other corrective action
If the proposed administrator refuses to cooperate or the court finds misconduct, the court can authorize remedies including:
- Appointment of a special administrator to secure assets and run an immediate inventory.
- Removal of the personal representative if there is evidence of neglect, refusal to perform duties, conflict of interest, or mismanagement.
- Surcharge (financial liability) against the administrator for losses caused by wrongful conduct.
- Contempt proceedings if the administrator disobeys a court order to produce documents.
These powers arise from the court’s supervisory authority under the probate code; see NDCC Title 30.1.
6) Use discovery tools and subpoenas when appropriate
If the matter involves litigation or contested probate issues, you or your lawyer can use subpoenas and civil discovery to obtain bank records, appraisals, contracts, and other documents from third parties. The district court and its rules provide mechanisms to compel production of records.
7) Consider alternatives: mediation and settlement
If the estate dispute centers on interpretation or valuation rather than concealment, mediation or negotiation may resolve the issue faster and at lower cost than full court proceedings. The clerk or local bar may provide information about court-sponsored or private mediation for probate disputes.
8) When to consult an attorney
Consider getting a lawyer when:
- Large or complex assets are missing or at risk.
- There are signs of fraud, conflict of interest, or misappropriation.
- The administrator refuses court-ordered disclosure.
- You need help filing motions, discovery, or contempt actions.
An attorney can prepare and file the necessary motions, collect evidence, and represent your interests at hearings.
Practical timeline and expectations
Start with a written request and a case file review. If the administrator still refuses, a motion to compel and request for an accounting is the normal next step. Court schedules vary, so time to resolution depends on the court’s calendar and whether emergency relief is needed. Keep careful records of all communications and actions.
Key North Dakota resources
- North Dakota Century Code, Title 30.1 (Probate) — statutory framework for administration, inventories, accountings, and court remedies.
- North Dakota Courts — probate resources and court contact information — how to find the probate file and local court procedures.
Disclaimer: This article provides general information about North Dakota probate procedures and is not legal advice. Laws change and every estate situation is unique. For advice about your specific situation and to protect your legal rights, consult a licensed North Dakota attorney.
Helpful Hints
- Document everything: Keep copies of letters, emails, and proof of deliveries (certified mail receipts).
- Act quickly if assets appear at risk: ask the court for temporary or emergency relief.
- Get the probate case number from the clerk—most court filings are public and can show what the administrator already filed.
- Use a written demand before filing in court—judges often expect a party to try informal resolution first.
- Ask for specific items in your request (inventory, bank statements for X months, deeds, appraisals) rather than a blanket demand.
- Preserve evidence of suspicious conduct: strange withdrawals, transfers, or missing paperwork support petitions to the court.
- If you are a creditor, file a timely creditor’s claim so you don’t lose priority to payment from estate assets.
- Consider a consultation with a probate attorney to evaluate whether filing for removal, surcharge, or contempt is appropriate.