How to protect life insurance proceeds when there is no named beneficiary from creditor claims in estate administration — ND
Disclaimer: This is educational information only and not legal advice. Consult a licensed North Dakota attorney for advice about your specific facts. Detailed Answer What typically happens when a life insurance policy has no named beneficiary? If a life insurance policy lists no living beneficiary (or the named beneficiary predeceased the insured and no contingent […]
Read article →What should I do if an heir refuses to return estate property and the estate is still open? (ND)
What to do if an heir refuses to return estate property while the estate is still open Short answer: If an heir is keeping property that belongs to the estate while probate is still open, act quickly. Notify the personal representative, preserve evidence, send a written demand, and—if the heir refuses—ask the probate court to […]
Read article →Can I become the personal representative of my sister's estate? (ND)
Detailed Answer This FAQ explains how North Dakota law treats appointment of a personal representative (sometimes called an executor or administrator) when someone dies. It covers who can serve, basic eligibility rules, how to apply, core duties, and common issues you may face if you want to serve for your sister's estate. Who can serve […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (ND)
Detailed Answer Short answer: Under North Dakota law, money recovered for a wrongful death does not simply pass according to the decedent’s will. Wrongful-death recoveries are pursued by the decedent’s personal representative for the benefit of certain survivors and are distributed under the wrongful-death statute and, if applicable, by rules of intestate succession rather than […]
Read article →What options do heirs have when an estate administrator becomes unresponsive or refuses to distribute assets? (ND)
What to do if a personal representative stops communicating or refuses to distribute estate assets Disclaimer: This is educational information only and not legal advice. Laws change and every case is different. Consult a qualified North Dakota attorney before taking action. Detailed answer — practical steps heirs can take under North Dakota law When the […]
Read article →How do I apply to be appointed as the personal representative of a deceased relatives estate in North Dakota
How to apply to be appointed as the personal representative of a deceased relative’s estate in North Dakota Detailed Answer — Step-by-step guide under North Dakota law Short overview: A personal representative (sometimes called an executor if named in a will, or an administrator if not) manages the deceased person’s probate estate: locate assets, pay […]
Read article →How Can Heirs Petition to Reopen a Closed Estate to Claim Unclaimed Assets in North Dakota?
Detailed Answer Under North Dakota law, heirs or other interested persons may petition the court to reopen a closed probate estate to claim unadministered or omitted assets. All such requests follow the supplemental proceedings outlined in Chapter 30.1-32 of the North Dakota Century Code. 1. Identify Grounds for Reopening Per NDCC § 30.1-32-03, if assets […]
Read article →What is the process for inventorying and distributing estate assets among multiple heirs in ND?
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 […]
Read article →How do heirs locate and claim unclaimed property of a deceased relative in North Dakota?
Disclaimer: This information is for educational purposes and does not constitute legal advice. Detailed Answer Under North Dakota’s Unclaimed Property Act (NDCC 47-32), companies must report and remit to the State Treasurer any intangible property held without owner contact for the dormancy period (typically three years). Asset examples include forgotten bank accounts, uncashed payroll checks, […]
Read article →What factors influence the timeline for completing the probate process in ND?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer In North Dakota, probate refers to the court-supervised process of proving a will, appointing a personal representative, settling debts, and distributing assets. While simple estates may close in 4–6 months, most take 6–12 months. Complex matters can last 18 […]
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