Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
In North Dakota, a personal representative (often called an executor) handles the inventory and distribution of estate assets under the North Dakota Probate Code. Below is a step-by-step overview of the process.
1. Open the Probate Estate
The personal representative files a petition with the county probate court to open the estate. Once the court issues Letters of Administration or Letters Testamentary, the representative gains authority to act.
2. Notify Creditors and Interested Parties
Within 30 days of appointment, publish a notice to creditors in a local newspaper. Send written notice to all heirs, beneficiaries and known creditors. Creditors have three months to file claims under NDCC §30.1-07-02.
3. Inventory and Appraisement
The personal representative inventories all probate assets—including real estate, bank accounts, investments, business interests and personal property—and obtains appraisals when needed. North Dakota law requires filing a verified inventory within three months after appointment:
4. Pay Debts and Taxes
Use estate funds to pay valid creditor claims, funeral expenses, administrative costs and any estate or inheritance taxes. The representative must ensure all obligations are satisfied before distribution.
5. Obtain Court Approval for Distribution
After the creditor claim period ends (usually three months) and debts are paid, the personal representative prepares a proposed distribution plan. Submit it to the court along with a final accounting of receipts and disbursements.
6. Distribute Assets to Heirs
Once the court approves the plan, deliver assets according to the will or, if there is no will, under North Dakota’s intestacy rules. Intestate succession follows a priority scheme:
- Spouse and children share equally if both survive the decedent.
- If no spouse or children survive, assets pass to parents, siblings, or more remote relatives.
See NDCC §30.1-03-01 for intestate distribution.
7. Close the Estate
File a final report and petition for discharge with the probate court. After the court reviews and accepts the accounting, it issues an order discharging the personal representative and closing the estate.
Helpful Hints
- Gather deeds, account statements and titles early to streamline the inventory.
- Use a professional appraiser for real estate or high-value collectibles.
- Keep detailed records of all transactions and communications.
- Notify heirs and beneficiaries in writing and maintain proof of delivery.
- Consider potential tax implications—consult an accountant if needed.
- Meet all court deadlines to avoid penalties or delays.