North Dakota Subsequent Probate Administration

North Dakota Subsequent Probate Administration - previously omitted propertyNorth Dakota Subsequent Probate Administration

Previously Omitted North Dakota Probate Property

In the situation where a Personal Representative in a North Dakota probate proceeding was either:

  • discharged by a judge after completing the administration of the estate, or
  • filed with the court a verified North Dakota Unsupervised Probate Closing Statement pursuant to N.D.C.C. Section 30.1-21-03 declaring that the Personal Representative had completed the administration of the estate more than one year ago,

an interested party may need to pursue a North Dakota Subsequent Probate Administration in order to address the need to transfer any previously omitted North Dakota probate pursuant to N.D.C.C. Section 30.1-21-08.

Normal Duties Apply

Unless the Court orders otherwise, all of the regular probate administration provisions and duties identified in the N.D.C.C. will apply to a North Dakota Subsequent Probate Administration.

No Previous Claims

No claim which was previously barred in the original probate administration may be asserted in a North Dakota Subsequent Probate Administration.

The North Dakota Subsequent Probate Administration Procedure

The North Dakota Subsequent Probate Administration procedure requires the Probate Court Judge to either reappoint the original Personal Representative of the estate, or appoint a successor Personal Representative of the estate, in order to allow the Personal Representative to make any transfer of title which may be necessary under the circumstances with respect to any newly discovered or previously omitted North Dakota probate property.

A new court filing fee must be paid by the petitioner with respect to a North Dakota Subsequent Probate Administration.

North Dakota Subsequent Probate Administration – N.D.C.C. Section 30.1-21-08

N.D.C.C. Section 30.1-21-08 identifies the authority of the Probate Court to make an appointment of a Personal Representative or a successor Personal Representative in a North Dakota Subsequent Probate Administration, by providing in part as follows:

If property of the estate is discovered after an estate has been settled and the personal representative discharged or after one year after a closing statement has been filed,

the court upon petition and upon notice as it directs

may appoint the same or a successor personal representative

to administer the subsequently discovered estate. 

Any person filing a petition under this section shall pay to the clerk of district court a filing fee as prescribed in section 27-05.2-03.

If a new appointment is made, unless the court or registrar orders otherwise, the provisions of this chapter apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.

Documents Required

The typical documents required in a North Dakota Subsequent Probate Administration include the following:

  1. A Petition for Subsequent Administration;
  2. A Court Order for Subsequent Administration;
  3. Letters of Authority issued by the court for the Subsequent Administration;
  4. A Supplemental Inventory;
  5. A Personal Representative’s Deed of Distribution with respect to the newly discovered North Dakota probate property; and
  6. A verified North Dakota Unsupervised Probate Closing Statement with the Court pursuant to N.D.C.C. Section 30.1-21-03.

Conclusion

If a North Dakota probate proceeding has been previously closed but you have newly discovered or previously omitted North Dakota probate property which needs to be transferred to its rightful owners, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com for assistance with a North Dakota Subsequent Probate Administration.

Gary C. Dahle has represented clients from the countries of Canada, Norway, and Sweden, and the states of Alabama, Arizona, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Tennessee, Texas, Virginia, Washington, and Wisconsin in the United States, with respect to North Dakota mineral rights and probate issues in various North Dakota Counties.

Attorneys not licensed in North Dakota are invited to refer possible North Dakota probate issues to Minnesota and North Dakota attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

Topics of Interest – North Dakota Ancillary Probate

Topics of Interest – North Dakota Intestate Succession.

Topics of Interest – North Dakota Inheritance Laws

Topics of Interest – North Dakota Intestate Estate

Topics of Interest – North Dakota Foreign Personal Representative

Topics of Interest – North Dakota Mineral Rights.

Topics of Interest – North Dakota Transfer on Death Deeds

Topics of Interest – North Dakota Affidavits of Heirship

Topics of Interest – North Dakota Informal Probate

Topics of Interest – North Dakota Formal Probate

Topics of Interest – North Dakota Probate Settlements

Topics of Interest – Probating a Will Copy in North Dakota

Topics of Interest – North Dakota Probate Closing

Topics of Interest – North Dakota Joint Tenancy

Topics of Interest – North Dakota Mineral Rights Purchase Offers

Related issues – see Minnesota Probate.

Copyright 2022 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390   Fax:     763-780-1735      gary@dahlelaw.com

http://www.legis.nd.gov/general-information/north-dakota-century-code

 Legal Disclaimer

Information provided herein is only for general informational and educational purposes. North Dakota’s version of the Uniform Probate Code involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with a North Dakota attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of North Dakota, and in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of North Dakota and Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://www.dahlelaw.com, https://www.NorthDakotaTransferonDeathDeeds.com, or https://www.dahlelawnorthdakota.com – does not constitute legal advice, or establish an attorney/client relationship.

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