Responding to Creditor Settlement Demands: Key Documentation for North Dakota Executors

As an executor in North Dakota, you must collect and organize specific documents before responding to a creditor’s settlement demand. Proper records help you evaluate the claim, protect estate assets, and limit personal liability.

Detailed Answer

1. Official Estate and Appointment Records

• Certified death certificate – Verify the decedent’s passing.
• Letters Testamentary or Letters of Administration – Prove your legal authority as executor.
• Original will and codicils – Determine any testamentary directives affecting creditor claims.

2. Creditor’s Claim Documentation

• Settlement demand letter – Keep the original or certified copies showing date and delivery.
• Proof of claim – Invoices, statements, or itemized bills detailing the debt.
• Contracts or agreements – Underlying documents supporting the creditor’s right to payment.

3. Estate Asset and Liability Records

• Inventory of estate assets – Bank statements, brokerage statements, real estate appraisals.
• List of known debts – Mortgages, credit cards, medical bills, and any other obligations.
• Estate accountings – Tracking payments made and pending distributions.

4. Court Filings and Statutory Notices

• Proof of publication – Publication of Notice to Creditors, per NDCC Section 30.1-21-02.
• Service records – Documentation of how and when you served the creditor, under NDCC Section 30.1-21-04.
• Response deadline notice – Note the 30-day period to allow, reject, or settle a claim, per NDCC Section 30.1-21-05.

5. Correspondence and Communication Logs

• Letters and emails – All written communications with the creditor or their attorney.
• Phone call logs – Date, time, participants, and discussion summaries.
• Settlement offers – Record any counteroffers or settlement terms you propose.

Helpful Hints

• Meet deadlines – North Dakota law bars untimely claims. Monitor the deadline from first publication (NDCC 30.1-21-03).
• Organize chronologically – Keep a master file indexed by date and document type.
• Maintain backup copies – Store digital backups of all key documents offsite.
• Communicate in writing – Use email or certified mail to create an audit trail.
• Seek professional help – Consult a probate attorney for complex or disputed claims.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified North Dakota attorney for guidance on your specific circumstances.