Quick answer

Yes. In North Dakota partition actions, the court may protect interests of missing, unknown, or unascertained owners by allowing alternate notice (such as publication) and by appointing a neutral representative — commonly called a guardian ad litem (GAL) or similar court-appointed representative — to look after the interests of those persons. The court’s authority to ensure all interested parties are represented comes from North Dakota civil procedure and the court’s broad equitable powers when dividing property.

How this works under North Dakota law

Partition actions require the court to bring before it all persons with an ownership interest in the property so the court can divide or order sale of the property and distribute proceeds. If some heirs or co-owners are unknown or cannot be located, the court will not simply ignore their potential rights. North Dakota procedure provides two common mechanisms to deal with those situations:

1. Notice by publication or other substituted service. If personal service cannot be completed after a good-faith effort, parties can ask the court to allow substituted notice, often by publication. Courts require proof that the moving party tried to find the missing persons (for example: search of records, mailed notices to last-known addresses, contact with relatives). See the North Dakota Rules of Civil Procedure and the statutes governing civil actions for the rules on service and substituted service. (North Dakota court rules and statutes are available at the North Dakota Legislature and North Dakota Courts sites: North Dakota Century Code, Title 32 (Actions and Special Proceedings) and North Dakota Rules of Civil Procedure.)
2. Court appointment of a guardian ad litem or similar representative. When persons are minors, legally incapacitated, unknown, or unlocatable, a court often appoints a guardian ad litem or other neutral representative to protect their interests. The GAL’s role is to investigate the situation, review the proposed partition or sale, and speak or act for the interests of those who cannot represent themselves. The court can require the GAL to receive papers, be served with notices, and approve or contest settlements that affect the missing parties’ rights.

The court uses these tools so it can provide fair notice and avoid later claims that property was divided without proper participation by all entitled owners.

Typical court process and requirements

While each case varies, the common steps you will see in North Dakota partition cases with unknown/unlocatable heirs are:

• File the partition complaint and list all known owners and heirs.
• Attempt personal service on each listed party. Keep detailed proof of attempts (affidavits of service and of attempts).
• If personal service fails, file a motion for substituted service or publication. The court will want evidence of diligent efforts to locate the missing parties.
• Ask the court to appoint a guardian ad litem (or similar representative) for any minors, incapacitated persons, or unknown/unlocatable heirs. The motion should explain why appointment is necessary and propose a person (often an attorney) to serve, and sometimes propose a bond or fee arrangement.
• The court will either appoint a GAL, allow substituted service, or both. The GAL receives papers and represents the missing parties’ interests in the proceeding.
• Once notice and representation are resolved, the court can proceed to determine property rights, order partition in kind, or order sale and distribute proceeds (sometimes with proceeds deposited into court registry if ownership remains contested or unknown).

Courts expect the moving party to be diligent in locating heirs. Failure to show reasonable steps may delay the case or lead the court to require extra protections for missing owners before approving a final sale.

Who can the court appoint?

The court may appoint:

• an attorney to act as guardian ad litem,
• a licensed fiduciary, or
• another neutral individual or agency the court deems appropriate to represent unknown or absent parties.

Courts prefer impartial representatives who will protect the absent parties’ monetary and property rights. Often the appointed person must file reports and may need court approval for agreements that affect the missing parties’ share.

Practical considerations and what you should include in a motion

If you are the plaintiff or a party asking the court to appoint a GAL or allow substituted service, include the following in your motion:

• A clear list of all known owners and heirs and their last-known addresses.
• Detailed affidavits describing the steps taken to locate missing people (searches of county records, mailings, contact with relatives, use of online databases, inquiries to known contacts).
• A proposed guardian ad litem (name, qualifications, consent to serve) or a request that the court appoint a GAL and how the GAL will be paid (court may require the moving party to pay fees or may order fees deducted from sale proceeds).
• A request for substitute service (publication) with proposed publications, timing, and proposed language for the published notice.
• A proposal for how sale proceeds will be handled if the absent party’s claim remains unresolved (for example, deposit into the court registry or an escrow account pending final determination).

Possible outcomes the court may order

• Appointment of a guardian ad litem to represent unknown or unlocated heirs, followed by continued proceedings.
• Permission to serve by publication or substituted service and proceed after statutorily required publication period ends.
• Sale of the property with proceeds held in court registry or distributed subject to court-ordered protections for any unlocated claimants.
• Denial of relief if the court finds inadequate efforts to notify or protect missing owners, requiring the moving party to do more search work before the case proceeds.

Helpful statutory and procedural resources (North Dakota)

To read the governing rules and statutes, consult the following official sources:

• North Dakota Century Code (Actions and Special Proceedings, Title 32): https://www.legis.nd.gov/cencode/t32
• North Dakota Rules of Civil Procedure and other court rules (procedures for service, representation, and court appointments): https://www.ndcourts.gov/legal-resources/rules

These links lead to the official state resources for statutes and court rules. Specific statutory sections (for example, provisions addressing partition, service, and appointment of representatives) are best located by searching those resources or consulting an attorney for an exact statutory citation that applies to your facts.

Helpful hints

• Document every effort to locate missing heirs. Courts expect thorough searches before allowing publication or appointing a representative.
• Propose a qualified guardian ad litem (usually an attorney familiar with real property and probate/estate matters) and show how the GAL will be paid.
• Be prepared to ask the court to hold sale proceeds in the court registry if unresolved claims remain; this protects the buyer and assures the court can resolve later claims without upsetting a sale.
• If heirs might be minors or incapacitated, start guardianship or conservatorship inquiries in the county where the property lies — the court will want protections for those parties.
• Contact a North Dakota attorney early. A lawyer can prepare the motion, draft publication language, propose a GAL, and make sure you meet North Dakota procedural requirements so the case can move forward without avoidable delays.