Detailed Answer

Short answer: In North Dakota probate, a creditor who files a claim after the official 90‑day notice period is usually barred from collecting from estate assets, but there are important exceptions and procedures that can allow a late claim in limited circumstances.

How the 90‑day notice period works in North Dakota

When someone dies and their estate goes through probate, the personal representative (executor or administrator) must notify creditors. North Dakota law sets deadlines for creditors to present claims against the estate. The representative typically publishes a notice to creditors and serves notice to known creditors. Creditors must present claims within the time frames set by statute or they risk losing the right to collect from estate assets.

See the North Dakota probate code for the rules governing presentation and allowance of claims: North Dakota Century Code, Title 30.1 (Probate). For chapter-by-chapter details, see the North Dakota Century Code online: https://www.legis.nd.gov/cencode/t30-1.

What usually happens when a creditor files after the 90‑day period

• The personal representative can object to the late claim and ask the probate court to disallow it. If the court denies the late claim, the creditor generally cannot force payment from estate property that has been distributed according to law and the court’s orders.
• If estate assets remain, a court might consider whether to allow the late claim before distributions are final. If the estate has already been fully closed and distributed, the creditor’s remedy may be limited to pursuing the debtor personally (if a personal liability exists) rather than collecting from the estate.
• Filing late often causes the creditor to bear a higher burden. The creditor must show a legally recognized reason—such as lack of proper notice, excusable neglect, fraud, incapacity, or other statutory exceptions—for why the deadline should be tolled or excused.

Common exceptions and situations where a late claim may be allowed

North Dakota law recognizes several situations in which a late claim may still be considered. Typical examples include:

• No or inadequate notice: A creditor who did not receive proper notice by publication or personal service may have additional time to present a claim after actual notice.
• Minority or incapacity: If the creditor was a minor or legally incapacitated during the running of the deadline, the statutory period can be tolled until the incapacity ends.
• Fraud or misrepresentation: If the representative or another party concealed the existence of the estate or fraudulently prevented the creditor from filing on time, a court may permit a late claim.
• Equitable reasons: On rare occasions a court may allow a late claim for fairness where the creditor acted promptly after learning of the death and the estate will not be prejudiced.

What the probate court will consider

When a creditor asks the court to allow a late claim, the judge will typically consider:

• Whether the creditor received legally sufficient notice.
• How long after the deadline the claim was filed and why it was late.
• Whether the personal representative or other beneficiaries will be prejudiced by allowing the late claim (for example, if assets already were distributed in reliance on the claim being barred).
• Whether state statutes create a firm bar or allow equitable relief under the facts.

Practical consequences for creditors and estate representatives

For creditors: If you discover you missed the 90‑day window, do not assume the claim is automatically lost. Immediately:

• Gather proof about when and how you first learned of the decedent’s death and whether you received notice.
• Check the underlying contract or debt agreement for acceleration or deadlines and compare those to applicable statutes of limitations.
• File the claim anyway and simultaneously notify the personal representative. Where appropriate, file a motion with the probate court asking the judge to accept the late claim and explain the reason for delay.

For personal representatives: If you receive a late claim, you may object and ask the court to disallow it. If you have already distributed assets, document the distribution and the basis for relying on the claims bar. If assets remain, weigh whether settling or resolving a late claim is less risky than defending a court fight.

Key North Dakota statute references to review

Relevant provisions governing notice to creditors, presentation of claims, and bar of claims are located in North Dakota Century Code, Title 30.1 (Probate). Review the statutes and any applicable local rules for exact deadlines and procedures. North Dakota’s codified statutes are available here: https://www.legis.nd.gov/cencode/t30-1. If you need the precise section numbers for “presentation of claims against estates” or “notice to creditors,” look under chapters that cover probate administration and claims against estates within Title 30.1.

Next steps and tips

If you are a creditor:

• Act quickly. File the claim and supporting documents with the probate court and serve the personal representative.
• Consider asking the court for permission to file a late claim and explain the factual reasons (no notice, incapacity, etc.).
• Check whether the underlying debt can be pursued directly against the deceased person’s estate in another forum or against a co‑debtor, while watching statutes of limitations.

If you are the personal representative:

• Review the late claim carefully and determine whether to object. Document the estate’s distributions and reliance on the creditor‑notice process.
• Consult the probate court rules and consider seeking guidance from an attorney if the claim is large or disputed.

Helpful Hints

• Do not ignore a late claim without assessing statutory exceptions; some late claims succeed if no proper notice was given.
• Keep detailed records of when and how notices were mailed or published. Proof of proper notice is often decisive.
• If you are a creditor, preserve communications, invoices, and proof of the debt and act quickly to file and to explain the delay.
• Remember that even if a claim is barred against the estate, a creditor may still have a separate claim against an individual who personally guaranteed the debt.
• Statutes of limitations for the underlying debt can be different from probate filing deadlines—check both.
• When in doubt, consult a probate attorney for advice tailored to your facts. Courts give weight to precise statutory text and procedural history.

Disclaimer: This article explains general principles of North Dakota probate law and is for educational purposes only. It is not legal advice. Laws change and every situation is different. Consult a licensed attorney in North Dakota to get advice about your specific case.