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Detailed Answer

Letters of Administration allow a qualified person to handle and distribute assets when someone dies without a valid will. In North Dakota, County Courts oversee probate and estate administration under the North Dakota Century Code (NDCC). To apply, follow these steps and gather the documentation described below.

1. Petition for Letters of Administration

File a written petition with the County Court Clerk in the county where the decedent resided. The petition must comply with NDCC §30.1-11-05 (https://www.legis.nd.gov/cencode/t30-1c11). Include:

• Decedent’s full legal name, date of death, and last address;
• Estimated value of real and personal property;
• Names and addresses of next of kin and their relationship;
• Statement that no valid will has been presented.

2. Certified Death Certificate

Submit an official certified copy of the decedent’s death certificate. This document proves the death and triggers the probate process.

3. Affidavit or List of Heirs

Under NDCC §30.1-11-06, provide an affidavit or typed list identifying all heirs at law, their ages, and addresses.

4. Renunciations and Consents

If individuals with higher priority waive their right to serve, they must sign written renunciations (NDCC §30.1-11-03). If multiple persons share equal priority, consents from all are required.

5. Oath and Bond

The proposed administrator must take an oath to perform duties faithfully and post a probate bond as set by the court (NDCC §30.1-11-14). The court may waive the bond in part or in full.

6. Notice to Creditors and Publication

After appointment, file a creditor notice and publish it in a qualified newspaper as required by NDCC §30.1-11-25. This process informs potential creditors of the probate proceedings.