North Dakota Unsupervised Probate Closing

North Dakota Unsupervised Probate Closing Statement

A Personal Representative in a North Dakota probate proceeding which is not being supervised by the Probate Court may close the estate by filing a verified North Dakota Unsupervised Probate Closing Statement with the Court pursuant to N.D.C.C. Section 30.1-21-03, declaring that the Personal Representative had completed the administration of the estate.

Conditions

N.D.C.C. Section 30.1-21-03(1) identifies the conditions for the filing of a North Dakota Unsupervised Probate Closing Statement, by providing in part as follows:

Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings,

a personal representative may close an estate

by filing with the court a verified statement stating that the personal representative, or a prior personal representative whom the filer has succeeded, has: . . .

N.D.C.C. Section 30.1-21-03(1) identifies the required contents of a North Dakota Unsupervised Probate Closing Statement, by providing in part as follows:

. . . a verified statement stating that the personal representative, or a prior personal representative whom the filer has succeeded, has:

fully administered the estate of the decedent by making payment, settlement or other disposition of all claims that were presented, expenses of administration, and estate, inheritance, and other death taxes, except as specified in the statement, by distributing the assets of the estate to the persons entitled.

If any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or the statement must state in detail other arrangements that have been made to accommodate outstanding liabilities.

Sent a copy thereof to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative’s administration to the distributees whose interests are affected thereby.

If the personal representative has published and mailed notice to creditors as provided by section 30.1-19-01, the personal representative may not file the verified statement until three months after the date of the first publication and mailing.

North Dakota Unsupervised Probate Closing – Continuing Authority

N.D.C.C. Section 30.1-21-03(2) identifies that the authority of a Personal Representative in a North Dakota probate proceeding continues for one year following the filing with the Probate Court of a verified North Dakota Unsupervised Probate Closing Statement, by providing in part as follows:

If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

North Dakota Unsupervised Probate Closing – Certified Copies of Letters

During the one-year period of time after the filing of a verified North Dakota Unsupervised Probate Closing Statement, certified copies of Letters of Appointment may still be obtained from the Probate Court in order to evidence the Personal Representative’s continuing authority.

If any previously omitted North Dakota probate property is discovered during the one-year period of time after the filing of a North Dakota Unsupervised Probate Closing Statement, a transfer of such property by the Personal Representative to the proper beneficiary can be quickly accomplished.

North Dakota Unsupervised Probate Closing – Supplemental Inventory

If any previously omitted North Dakota probate property is discovered, a Supplementary Inventory must be filed with the Court if an original Inventory had been filed, as N.D.C.C. § 30.1-18-08 provides as follows:

If any property not included in the original inventory comes to the knowledge of a personal representative or

if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading,

the personal representative shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any,

file it with the court if the original inventory was filed, or

furnish copies thereof or information thereof to persons interested in the new information.

North Dakota Unsupervised Probate Closing – Summary

The One Year Continuing Probate Administration option allows the original Personal Representative of the estate to make any subsequent transfer of title with respect to newly discovered North Dakota probate property which may be required during the one-year period after a verified North Dakota Unsupervised Probate Closing Statement has been filed with the Court, pursuant to N.D.C.C. Section 30.1-21-03.

North Dakota Unsupervised Probate Closing – Conclusion

For assistance with the filing of a verified North Dakota Unsupervised Probate Closing Statement, or for assistance with making any subsequent transfer of title with respect to newly discovered North Dakota probate property which may be required during the one-year period after a verified North Dakota Unsupervised Probate Closing Statement has been filed with the Court, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

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 Subsequent Administration

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 – Newly Discovered North Dakota Property

Topics of Interest – North Dakota Joint Tenancy

Topics of Interest – North Dakota Mineral Rights Purchase Offers

Related issues – see Minnesota Probate.

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.

Accessing the web sites of Gary C. Dahle, Attorney at Law – https://www.dahlelaw.com, https://www.NorthDakotaTransferonDeathDeeds.com, or https://www.dahlelawnorthdakota.com – may be held to be requests for information.

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.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

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Gary C. Dahle, Attorney at Law, provides the https://www.dahlelaw.com, https://www.NorthDakotaTransferonDeathDeeds.com, and https://www.dahlelawnorthdakota.com web sites and their content on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, or completeness.

——— Gary C. Dahle Attorney at Law ———