May I Petition a Court in North Dakota to Remove an Estate Administrator Who Refuses to Fulfill Their Duties?
May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? Disclaimer: This information is for educational purposes and does not constitute legal advice. Detailed Answer Under North Dakota law, beneficiaries or other interested parties may ask the court to remove an estate administrator (also called a personal representative) who […]
Read article →How can I request an extension for filing a final accounting in probate in North Dakota?
Detailed Answer Understanding Final Accounting in North Dakota Probate In North Dakota, a personal representative (formerly called an executor or administrator) must file a final accounting with the probate court within six months of appointment (North Dakota Century Code § 30.1-17-05). The final accounting reports all financial transactions of the estate since the last account […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim in North Dakota?
Disclaimer: This article is for educational purposes only and is not legal advice. Detailed Answer Under North Dakota law, only the personal representative of a decedent’s estate may file a wrongful death action. North Dakota Century Code (NDCC) §32-21-01 requires that the executor or administrator named by the court bring the lawsuit on behalf of […]
Read article →How do I apply for letters of administration and what forms are required in North Dakota?
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 […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in North Dakota?
Detailed Answer Overview of North Dakota Wrongful Death Statute In North Dakota, you pursue a wrongful death claim under the North Dakota Century Code (NDCC) Chapter 32-23. Section 32-23-07 identifies who may recover damages, and section 32-23-10 directs how a court must distribute any proceeds. You must file your petition in district court in the […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in North Dakota
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Detailed Answer When an individual receives Medicaid benefits in North Dakota and later passes away, the Department of Human Services (DHS) may file a claim against the deceased’s estate to recover costs for […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in North Dakota
Detailed Answer When someone dies owning shares or membership interests in a North Dakota corporation or LLC, their estate representative must locate and review the entity’s formation documents and bylaws or operating agreement. These records clarify management rules, transfer restrictions and shareholder rights. Identify the business entity. Confirm the exact legal name and entity type […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling assets in North Dakota?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer Under North Dakota law, any interested person—such as an heir, beneficiary or creditor—may ask the court to remove a personal representative who mishandles estate assets. The removal process follows the […]
Read article →How can an interested party open probate for a decedent’s estate in North Dakota?
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Detailed Answer In North Dakota, probate is the court-supervised process of proving a will (if one exists), appointing a personal representative, gathering assets, paying debts, and distributing property to heirs or beneficiaries. An interested party—such as a named executor, beneficiary, heir, […]
Read article →What information and duties is a personal representative required to provide to heirs in North Dakota?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under North Dakota law, a personal representative (PR) holds a fiduciary role. The PR must collect assets, pay valid debts, and distribute the estate to heirs. To ensure transparency and protect heir interests, the PR must provide specific information and […]
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