North Dakota § 30.1-21-03.1 Estate closing - Procedures

North Dakota Statutes

§ 30.1-21-03.1 — Estate closing - Procedures

North Dakota § 30.1-21-03.1

Title 30.1Uniform Probate Code

Ch. 30.1-21Closing Estates

This text of North Dakota § 30.1-21-03.1 (Estate closing - Procedures) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-21-03.1 (2026).

Text

1.If the personal representative has not filed with the court a verified statement to close the estate, or as part of the supervised administration proceedings in accordance with this chapter, within three years from the date of death of the decedent, any devisee, heir, distributee, or claimant may petition the court, formally or by any informal request, or the court on its own motion may order, that the personal representative and the attorney employed by the personal representative be required to show cause to the court why the estate has not been closed. The court shall order the personal representative and the attorney employed by the personal representative to show cause to the court at a hearing scheduled within ninety days why the estate has not been closed. The court shall serve n

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1. If the personal representative has not filed with the court a verified statement to close
the estate, or as part of the supervised administration proceedings in accordance with
this chapter, within three years from the date of death of the decedent, any devisee,
heir, distributee, or claimant may petition the court, formally or by any informal request,
or the court on its own motion may order, that the personal representative and the
attorney employed by the personal representative be required to show cause to the
court why the estate has not been closed. The court shall order the personal
representative and the attorney employed by the personal representative to show
cause to the court at a hearing scheduled within ninety days why the estate has not
been closed. The court shall serve notice upon all heirs, devisees, claimants,
distributees, and beneficiaries of the estate of the order to show cause, the date of the
hearing, and of their right to participate in the hearing proceedings.
2. Within twenty days of receipt of the order to show cause, the personal representative
or the attorney employed by the personal representative shall provide the court with a
report containing a time frame for the anticipated closure of the estate; a detailed
explanation as to why the estate has not been closed; and a detailed accounting of all
disbursements made by the estate, including specific information as to all fees and
other disbursements made to the personal representative, and to any attorney, auditor,
investment adviser, or other specialized agent or assistant employed to do work for the
estate.
3. After the order to show cause hearing, the court shall issue an order establishing a
timetable for the closing of the estate based upon the information provided in the
report and the evidence provided during the hearing. The court may award attorney's
fees and costs in favor of a petitioner if the court finds that the personal representative
or the attorney employed by the personal representative has failed to show cause why
the estate has not been closed within three years from the date of death of the
decedent unless extended by the court. The court may file a complaint with the
disciplinary board against the attorney.