Who Receives Leftover Sale Proceeds When Someone Dies Intestate in North Dakota
What happens to leftover sale proceeds when someone dies without a will in North Dakota? Short answer: In North Dakota, sale proceeds from a decedent’s property become part of the decedent’s estate. When someone dies intestate (without a valid will), a court-appointed personal representative (administrator) gathers the estate’s assets (including sale proceeds), pays debts, taxes, […]
Read article →North Dakota — Steps to Take When a Proposed Administrator Withholds Estate Information
Detailed Answer Short overview: If a proposed personal representative (often called an administrator) is refusing to share estate asset information and documents, you have several practical and legal steps you can take under North Dakota law. The North Dakota Century Code (Title 30.1, the Probate Code) governs probate administration and gives "interested persons" rights to […]
Read article →How to Object to a Sibling’s Application for Letters of Administration in North Dakota
Can I challenge my sibling’s application for letters of administration in North Dakota? This FAQ explains, in plain language, how an interested person can formally challenge a sibling’s application for letters of administration (appointment as personal representative) in a North Dakota probate proceeding. It assumes no prior legal knowledge and covers who can object, common […]
Read article →Compelling a Spouse to Sell Real Property Under North Dakota Law
Detailed Answer Short answer: Whether you can force a surviving spouse to sell a house and distribute the proceeds according to a will depends on who holds title, whether the property passed outside probate, and whether the spouse has statutory rights (for example, homestead, allowance, or an elective-share). In North Dakota the usual paths are […]
Read article →Recovering a Cash Bequest in North Dakota When an Executor Won't Cooperate
Detailed Answer Short answer: If an executor (personal representative) refuses to pay a cash bequest in North Dakota, you first document the bequest and make a formal written demand. If that fails, you can ask the probate court to force the executor to act—by compelling an accounting, ordering distribution, or removing the executor for misconduct […]
Read article →North Dakota: How to File a Notice to Creditors in Probate
Detailed Answer Overview. In North Dakota, a personal representative (also called an executor or administrator) typically gives notice to known and potential creditors after a decedent’s death so creditors can present claims against the estate. The notice-to-creditors process protects the estate and the personal representative by creating a defined window for creditors to file claims. […]
Read article →How to Become the Personal Representative When a Named Executor Refuses to Serve — North Dakota
When the person named as personal representative refuses to serve: How to get appointed in North Dakota Quick answer: If a parent’s will names one child as personal representative (executor) but that child refuses to serve, another person who is next in priority (for example another nominated person or an interested heir) can ask the […]
Read article →North Dakota: Why an Inherited Home May Not Be a Probate Asset and Paying the Mortgage to Avoid Foreclosure
Short answer Some inherited houses are not probate assets because title passed outside probate (for example, by joint tenancy, a trust, or a beneficiary/transfer-on-death designation). A mortgage on the house generally survives the owner’s death, and the lender can pursue payments or foreclosure whether or not the property goes through probate. You can sometimes make […]
Read article →Challenging a Sibling’s Use of a Deceased Parent’s Bank Account in North Dakota
Can You Stop a Sibling From Using a Deceased Parent’s Bank Account Before an Administrator Is Appointed? Short answer: Yes — in many situations you can take steps to stop or challenge a sibling’s use of estate funds before a formal personal representative (administrator) is appointed, but the right steps depend on who controls the […]
Read article →North Dakota: Forcing Return of Sentimental Items from a Sibling During Probate
Quick answer: Yes — you may be able to force the return of sentimental personal property that a sibling has taken during probate, but the right path depends on who currently controls the estate (executor or administrator), whether the items were lawfully distributed, and how quickly you act. Remedies include asking the personal representative to […]
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