How can a client verify that creditor notice requirements were satisfied in the original estate to rely on the two-year rule under ND law?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under North Dakota law, a creditor whose claim against an estate is not presented within two years after the personal representative’s appointment is barred from recovery. To invoke this two-year bar (NDCC 30.1-03-12), a client must confirm that proper […]
Read article →Should a Personal Representative Open an Estate Account to Handle Estate Money in North Dakota?
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer What Is an Estate Account? An estate account is a bank or savings account opened in the name of the decedent’s estate and managed by the personal representative. This separate […]
Read article →What steps are needed to bring real property into the estate in order to pay claims in North Dakota?
Detailed Answer Under North Dakota law, a personal representative must follow specific steps to bring real property into the estate for payment of claims: Open probate. File a petition for probate in the county where the decedent lived. The court issues letters testamentary or of administration, confirming authority to act. (See NDCC § 30.1-21-01: https://www.legis.nd.gov/cencode/t30-1c21.html#30-1-21-01.) […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill? (ND)
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer In North Dakota, if you pay funeral expenses for a decedent, you may seek reimbursement from the estate as a priority claim. North Dakota’s probate laws treat funeral bills as an expense of administration and grant them a preferred status over […]
Read article →How can the Administrator verify that the payment fully satisfied the outstanding vehicle loan under North Dakota law?
Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer As an estate administrator or personal representative in North Dakota, you must confirm that a payment has fully satisfied an outstanding vehicle loan before transferring or disposing of […]
Read article →How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in ND?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In North Dakota, a surviving spouse may request a family allowance from the decedent’s estate to cover basic support during probate. Under N.D. Cent. Code § 30.1-12-02 (Family Allowance), the court may set aside a reasonable allowance from the […]
Read article →How can Alex Smith obtain appointment as administrator when a higher-priority heir exists? (ND)
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under North Dakota law, the court appoints an administrator based on a statutory priority list codified in NDCC §30.1-07-02. The order of preference includes: Surviving spouse Adult children Grandchildren by representation Parents Siblings Other heirs If a higher-priority heir exists, […]
Read article →What is the Process and Timeline for Applying to Become a Personal Representative of an Estate in North Dakota?
Detailed Answer 1. Determine Eligibility and Locate the Will Under North Dakota law, the person named as executor in a valid will has first priority. If there is no will or the named executor cannot serve, the court appoints an administrator according to NDCC §30.1-09.1-03 (link). 2. File a Petition with the District Court File […]
Read article →How Can a Guardian or Guardian ad Litem Be Appointed to Manage a Minor’s Interest in an Estate in North Dakota?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer Step 1: Determine Whether You Need a Guardian or Guardian ad Litem When a minor stands to inherit property or funds from an estate, the court must ensure someone manages […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will? (ND)
Disclaimer: This article does not constitute legal advice. It is intended for educational purposes only. Detailed Answer When a decedent dies without a will in North Dakota, state law governs the distribution of assets. Under NDCC 30.1-03, a minor heir receives a share according to intestate succession rules. However, because minors cannot manage property, the […]
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