Disclaimer: This article provides general information only. It does not constitute legal advice. Consult an attorney for guidance on your specific situation.
Detailed Answer
1. Confirm Intestacy and Administrator Eligibility
Under North Dakota law, letters of administration apply when a decedent dies without a will (NDCC 30.1-02-01). The following persons may serve as administrator (NDCC 30.1-04-01):
- The surviving spouse
- An adult child
- A parent
- A creditor (if no closer relative exists)
- Any other heir at law
2. File the Petition for Letters of Administration
File your petition at the clerk’s office in the county where the decedent lived. Attach:
- Certified copy of the death certificate
- List of all known heirs with addresses
- Consent or renunciation from other qualified persons (if applicable)
- Proposed administrator’s name and contact details
3. Provide Notice and Publication
North Dakota requires notice to heirs and creditors of the probate proceeding (NDCC 30.1-17-03). File a Notice of Hearing form and publish notice in a local newspaper for two consecutive weeks (NDCC 30.1-17-04).
4. File the Oath and Bond
An administrator must sign an oath and, if required, post a bond. Use the Oath of Administrator and Bond forms per NDCC 30.1-17-02.
5. Attend the Hearing and Receive Letters
Attend the scheduled hearing. Once the court approves, it issues certified Letters of Administration. The clerk retains the original and provides you with certified copies.
6. Complete Post-Issuance Tasks
Within 90 days, file an Inventory and Appraisement of estate assets using the Inventory form. Monitor creditor claims and distribute assets under NDCC 30.1-09-01.
Required Court Forms
Obtain these probate forms from the North Dakota Courts website: https://www.ndcourts.gov/legal-resources/forms/probate
- Petition for Letters of Administration (Form PR-01)
- Notice of Hearing (Form PR-02)
- Oath of Administrator (Form PR-03)
- Bond (Form PR-04)
- Inventory and Appraisement (Form PR-05)
- Letters of Administration (Issued by the court)
Helpful Hints
- Verify form numbers and availability on the ND Courts website before filing.
- Include a certified death certificate with every submission.
- Arrange publication promptly to avoid probate delays.
- Keep copies of all filed documents and proof of service.
- Consult a probate attorney for estates with complex assets or potential disputes.