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ND STATE COURTS
Informal Administration
of an Estate
Informal Probate
O FFICE OF S TATE C OURT A DMINISTRATOR
Informal Administration of an Estate
Table of Contents
Introduction
Handling the Small Estate in North Dakota in Informal Proceedings
First-Step - Listing of Property
Safe Deposit Box
Estate Tax
Income Tax
Non-Probate Property
Opening and Probating the Estate
A. Probate Estate $50,000 or Less
B. Probate Estate Greater than $50,000 or Real Property
1. If decedent left will
2. If decedent did not leave a will
C. Priority for Appointment as Personal Representative
Duties of Personal Representative
A. Times within which certain steps must be taken
B. Times after which certain steps may be taken
C. Times after which certain steps cannot be taken
Distribution of the Estate
A. If a Will
B. If no Will
Closing the Estate
Appendix A
Time Schedule Informal Probate Proceedings
Times after which certain steps may be taken
Times within which certain steps must be taken
Times after which certain steps cannot be taken
Appendix B
Checklist of Forms
Forms for estate less than $50,000, no real property
Forms for estate greater than $50,000 with a will
Forms for estate greater than $50,000 no will
Appendix C
Glossary of Terms
(Revised 9/4/2019)
Introduction
North Dakota has adopted the Uniform Probate Code, which allows a person to informally probate a
Will and have a personal representative appointed without the necessity of a court appearance or a
court hearing, as long as the proper forms are filed and the correct procedures followed.
The purpose of this packet is to help North Dakota citizens understand the procedures that must be
followed and forms that must be filed with regard to the informal probate of a Will and/or the
appointment of a personal representative of an estate of a deceased citizen. Since each estate has
different needs, it is important to know the proper methods of managing a particular estate. The
information in this packet should assist in selecting and filing the correct forms with the court in
order to informally administer an estate and to have, if needed, a personal representative appointed.
The necessary probate forms may be purchased from the district court or obtained online at ndcourts.gov
This packet has limitations. It cannot address every legal question that could arise in a particular
estate, nor does it cover all the responsibilities and liabilities of the personal representative and/or the
heirs, such as the filing of income tax returns. Matters not properly handled could create problems and
expense for the estate and the heirs if they must be dealt with after the estate is initially closed.
Checklist of Forms. The North Dakota tax forms are available from the State Tax Commissioner, State
Capitol, Bismarck. The federal income and estate tax forms are available from your local IRS office and
on the internet.
Therefore, since each estate, no matter how small, can raise many serious legal questions, you are
advised that you are proceeding at your own risk. The law forbids the district court judge or court
personnel to give legal advice on how to administer an estate. In legal matters, you should exercise
caution and good judgment in proceeding without the advice of an attorney.
References to N.D.C.C. or in [ ] mean the North Dakota Century Code. The Century Code is available at
most public and university libraries and at the district court's office in each county.
(Revised 9/4/2019)
1
Handling the Small Estate in North Dakota in Informal Proceedings
First Step - Listing of Property
Most of the work required to be done in an estate is the legal and orderly transfer of the decedent's
property to the persons entitled to receive it. The first step to be taken in any estate is to prepare a list
(See Fig. A) of all the property owned by the decedent (the person who has died). The value of each
item is the fair market value as of the date of the decedent's death.
Figure A:
The list should identify the amount of any encumbrance (debt or lien) that exists on any item of
property. [N.D.C.C. 30.1-18-06.] All reasonable steps must be taken for the management and
protection of the property. [N.D.C.C. 30.1-18-09.]
(Revised 9/4/2019)
2
Safe Deposit Box
A. If a decedent rented a safe deposit box jointly with another person or persons, no court order or
affidavit is needed for the other person to access the box.
B. If safe deposit box was rented in decedent's name alone, prepare Affidavit for Access to Safe Deposit
Box and present signed Affidavit to bank.
C. On first visit to bank, remove decedent's will. Will is to be filed with the court if the estate needs to
be probated.
Estate Tax
Consult an accountant for the most current information on estate tax.
Income Tax
Estate income tax returns may be required if the estate had gross income of $600 or more for the tax
year. Forms and instructions are available from the Internal Revenue Service and State Tax
Commissioner.
Non-Probate Property
A. Real property owned by decedent and others as joint tenants is transferred by filing a certified death
certificate and property description with the county recorder.
B. Other non-probate property interests are transferred or terminated by presenting a death certificate
to the holder.
(Revised 9/4/2019)
3
Opening and Probating the Estate
A. Probate Estate $50,000 or Less and No Real Property.
If the total value of the probate property (Fig. A, Columns A and B) less the encumbrances on those
items of property is $50,000 or under and no real property is involved [N.D.C.C. 30.1-23-01]:
1. After 30 days have elapsed since decedent's death, prepare Affidavit for Collection of Personal
Property (
Form 1).
2. Present Affidavit to holder of the personal property for transfer to successor (person entitled to
receive it).
B. Probate Estate Greater Than $50,000 or Real Property.
If total value of probate property (Fig. A, Columns A and B) less the encumbrances on those items
of property is over $50,000, or if the probate property includes real property, appoint personal
representative to administer the estate and distribute decedent's property to the person or
persons entitled to receive it, as follows:
1. If decedent left a Will.
Anytime after five days of decedent's death, file with district court:
a. Application for Informal Probate of Will and Appointment of a Personal Representative
(
Form 2).
b. Letters Testamentary (
Form 4).
c. Statement of Informal Probate of Will and Appointment of a Personal Representative
(
Form 3).
d. Original Will of decedent.
e. Filing fee of $80.
2. If decedent did not leave a Will, after five days of decedent's death, file with district court:
a. Application for Informal Appointment of Personal Representative in Intestacy (
Form 17).
b. Letters of Administration (
Form 19).
c. Statement of Informal Appointment of Personal Representative (
Form 18).
d. Filing fee of $80.
(Revised 9/4/2019)
4
C. Priority for appointment as personal representative [N.D.C.C. 30.1-13-03].
1. Person or persons nominated in decedent's Will.
2. Alternate person or persons nominated in decedent's Will.
3. The surviving spouse of the decedent who is entitled to receive property of the decedent under
the decedent's Will.
4. Other persons entitled to receive property of decedent through the decedent's Will.
5. The surviving spouse of the decedent.
6. Other heirs of the decedent.
7. The guardian or conservator of the decedent at the time of the decedent's death.
8. A trust company.
9. Forty-five days after decedent's death, any creditor.
If the person seeking appointment does not have highest priority, secure a signed Waiver of
Appointment (Form 9) from all persons who have a higher or equal right to the appointment. File
waivers with the district court along with other appointment documents.
(Revised 9/4/2019)
5
Duties of Personal Representative
No bond is required of a personal representative who is administering an estate under the guidelines
of this brochure. However, the personal representative is acting as a trustee of the estate property. If
the exercise of power concerning the estate is improper, the personal representative is liable to
interested persons for loss or damage resulting from the improper conduct.
The duties of a personal representative appear in Chapter 30.1-18 of the North Dakota Century Code. A
personal representative must keep accurate records of all receipts and disbursements (Form 14). The
personal representative should keep estate property separate from his or her own property until the
assets are distributed. Although the assistance of an attorney is not required for informal proceedings,
the personal representative should consult with an attorney if uncertain how to proceed.
A. Times within which certain steps must be taken.
1. Within 30 days after appointment, prepare Notice and Information to Heirs and Devisees
(Form 5). Send copy to each heir and devisee [N.D.C.C. 30.1-18-05, see also 30.1-14-06].
2. Within six months after appointment or nine months after the death of the decedent, whichever is
later, prepare inventory (Form 10). File the original inventory with district court [N.D.C.C.
30.1-18-06]. If the inventory is not filed with the court, mail a copy of the inventory to each of the
heirs in an intestate estate or to each of the devisees if a will has been probated, and to any other
interested persons who request a copy.
3. After appointment, send Affidavit Forwarding Application to Human Services (Form 7), copy of
application for appointment (Form 2 or 17), and a list of surviving joint tenants to the Department of
Human Services, State Capitol, Bismarck, ND 58505 [N.D.C.C. 50-06.3-07].
4. Within three months after mailing Notice to Creditors (Form 6) to creditors who are known to the
Personal Representative and after first publication of Notice to Creditors, or within three years after
decedent's death if notice to creditors has not been published and mailed, creditors must file any
claims against the estate [N.D.C.C. 30.1-19-01; N.D.C.C. 30.1-19-03].
5. Within 60 days after the time for original presentation of a claim has expired, if the claim is to be
disallowed, it must be disallowed in writing or will be deemed to be approved and must then be paid
[N.D.C.C. 30.1-19-06].
6. Within nine months after decedent's death, if filing requirement exists
(1)
U.S. Estate Tax Return and
supporting documents must be filed and tax paid.
7. Within 15 months after decedent's death, if U.S. Estate Tax Return was filed, the N.D. Estate Tax
Return and supporting documents must be filed and tax paid [N.D.C.C. 57-37.1-07].
8. Within three years after decedent's death, creditors may file claims in estates in which Notice to
Creditors was not published [N.D.C.C. 30.1-19-03].
(Revised 9/4/2019)
6
B. Times after which certain steps may be taken.
1. Any time after appointment of personal representative, Notice to Creditors (Form 6) may be
published, but this is not required [N.D.C.C. 30.1-19-01].
2. If Notice to Creditors is published, three months after first publication, personal representative
shall proceed to pay claims allowed in the following order of priority [N.D.C.C. 30.1-19-05]:
a. Costs and expenses of administration.
b. Reasonable funeral expenses.
c. Debts and taxes with preference under federal law.
d. Reasonable and necessary medical and hospital expenses of the last illness of the decedent,
including compensation of persons attending the decedent.
e. Unpaid child support obligations.
f. Debts and taxes with preferences under other laws of this state.
g. All other claims.
3. After assets have been gathered and all claims paid, the personal representative may distribute
remaining assets to the heirs. Personal property is distributed by Personal Representative's
Assignment (Form 13). Real property is distributed to heirs or devisees by Personal Representative's
Deed of Distribution (Form 11). Real property that is sold by a Personal Representative is transferred
by a Personal Representative's Deed (Form 12). Deeds must be recorded along with a certified copy
of personal representative's Letters Testamentary (Form 4) or Letters of Administration (Form 19),
certified on or after the date of the deed.
C. Times after which certain steps cannot be taken.
1. Three months after first publication of Notice to Creditors, time for filing claims expires. No claims
may be filed by creditors after this date [N.D.C.C. 30.1-19-03].
2. Three years after decedent's death - generally no informal proceedings for appointment of
personal representative may be commenced [N.D.C.C. 30.1-14-01].
3. Three years after decedent's death - time for filing claims expires in estates in which Notice to
Creditors was not published. No claims may be filed by creditors after this date [N.D.C.C. 30.1-19-03].
(Revised 9/4/2019)
7
Distribution of the Estate
Distribution is made as follows:
A. If a Will.
If decedent left a Will, according to the decedent's Will, except:
1. A devisee may renounce in writing devisee's interest under the Will [N.D.C.C. 30.1-10.1].
2. A surviving spouse may elect in writing, within the later of nine months after decedent's death or
six months after probate of the Will, to take one-half of the augmented estate regardless of what is
specified in the Will. Notice to interested persons and a court hearing are required on the written
petition filed with the court and personal representative [N.D.C.C. 30.1-05-01 and 30.1-05-05].
B. If no Will.
If the decedent left no Will, according to N.D. laws of intestate succession, as follows [N.D.C.C. 30.1-
04]:
1. If decedent left a surviving spouse, the share of the intestate estate which a surviving spouse
receives is [N.D.C.C. 30.1-04-02]:
a. If there are no surviving descendants (such as children or grandchildren) or parent of the
deceased or if all of the surviving descendants of the deceased are also descendants of the
surviving spouse and there is no other descendant of the surviving spouse who survives the
decedent (for example, children from a prior marriage of the surviving spouse), the surviving
spouse receives the entire intestate estate.
b. If there are no surviving descendants, but the decedent is survived by a parent or parents, the
surviving spouse receives the first $300,000 of the estate assets, plus three-fourths of the
balance of the intestate estate.
c. If there are surviving descendants of the decedent, all of whom are also descendants of the
surviving spouse, and surviving spouse also had descendants who are not descendants of the
decedent (i.e., surviving spouse has descendants from a prior marriage), the surviving spouse
receives the first $250,000 of the estate assets, plus one-half of the balance of the intestate
estate.
d. If there are surviving descendants, one or more of whom are not descendants of the surviving
spouse, the surviving spouse receives the first $150,000 of the estate assets plus one-half of the
balance of the intestate estate.
(Revised 7/2/2021)
8
2. If part of the intestate estate does not pass to the surviving spouse as listed above, or if there is no
surviving spouse, the intestate estate passes as follows:
a. To the descendants of the decedent, who will take by representation.
b. If there are no surviving descendants, to the decedent's parent or parents equally if both
survive, or to the surviving parent.
c. If there are no surviving descendants or parent, to the descendants of the decedent's parents
or either of them by representation (i.e., decedent's brothers and sisters, then nieces and
nephews).
d. If there are no surviving descendants, parent, or descendants of a parent, but the decedent is
survived by one or more grandparents or descendants of grandparents:
i. Half of the estate passes to the decedent's paternal grandparents equally if both survive,
or to the surviving paternal grandparent, or to the descendants of the decedent's paternal
grandparents or either of them if both are deceased, by representation; and
ii. The other half passes to the decedent's maternal relatives in the same manner.
e. If there is no surviving descendant, parent, or descendant of a parent, but the descendant is
survived by one or more grandparents or descendants of grandparents on the paternal but not
the maternal side, or on the maternal but not the paternal side, to the descendant's relatives on
the side with one or more surviving members in the manner as describd in subsection d above.
f. If there is no surviving spouse, descendant, parents, descendant of a parent, grandparent, or
descendant of a grandparent, but the intestate decedent has one deceased spouse who has one
or more descendants who survive the decedent, to those descendants by representation or has
more than one deceased spouse who has one or more descendants who survive the decedent,
the estate is divided into as many equal shares as there are deceased spouses, each share passing
to those descendants by representation.
3. An heir may renounce an interest and the surviving spouse make the election as in the estate
where there is a Will.
(Revised 7/2/2021)
9
Closing the Estate
A. After the claims have been paid and assets of the estate distributed, the estate is closed as follows:
1. For small estates
(2)
in which Notice to Creditors has not been published, file Sworn Statement of
Personal Representative Closing a Small Estate (
Form 16). It may be filed with district court anytime
after assets have been distributed [N.D.C.C. 30.1-23-03 and 30.1-23-04].
2. For any size estates in which Notice to Creditors has been published, file Personal
Representative's Verified Statement to Close Estate (
Form 15). It may be filed with district court
anytime after assets have been distributed, but not before three months after the first publication
of Notice to Creditors [N.D.C.C. 30.1-21-03].
B. If no proceedings involving the Personal Representative are pending in the court one year after
either closing statement is filed, the appointment of the personal representative terminates.
(Revised 9/4/2019)
10
Appendix A:
Time Schedule for Informal Probate Proceedings
Times after which certain steps may be taken:
Five days after decedent's death - informal proceedings may be commenced.
Thirty days after decedent's death - Affidavit for Collection of Personal Property may be prepared and
presented.
Anytime after appointment of personal representative - personal representative may publish Notice to
Creditors.
Three months after first publication of Notice to Creditors - personal representative shall proceed to
pay claims allowed in order of priority.
Three months after first publication of Notice to Creditors - Closing Statement may be prepared and
filed by the personal representative at this time if assets are distributed.
Anytime after assets of the estate have been distributed - Closing Statement may be prepared and filed
by the personal representative in estates in which Notice to Creditors has not been published.
Times within which certain steps must be taken:
Within thirty days after appointment of personal representative - Notice of Appointment of personal
representative must be sent to heirs and devisees.
After appointment of Personal Representative - send copy of Application for Appointment of Personal
Representative and list of names of devisees, surviving joint tenants, and heirs to the Department of
Human Services.
Within sixty days after the time for original presentation of claim has expired, if claim is to be
disallowed, claim must be disallowed in writing or it will be deemed to be approved and must then be
paid.
Within three months after first publication of Notice to Creditors - creditors must file any claims
against the estate within this time period.
Within six months after appointment of Personal Representative or nine months after the death of the
decedent, whichever is later - inventory must be prepared and copies distributed to heirs/devisees or
original filed with district court.
(Revised 9/4/2019)
11
Within nine months after decedent's death - if required, United States Estate Tax Return must be
prepared and filed and tax paid.
Within fifteen months after decedent's death - if required, North Dakota Estate Tax Return must be
prepared and filed and tax paid.
Within three years after decedent's death - creditors may file claims in estates in which Notice to
Creditors has not been published.
Times after which certain steps cannot be taken:
Three months after first publication of Notice to Creditors - time for filing claims expires. No claims
may be filed by creditors after this date.
Nine months after decedent's death or six months after probate of decedent's will, whichever occurs
last - surviving spouse may no longer petition to take his or her elective share in the augmented estate
after these time limits.
Three years after decedent's death - generally no informal proceedings for appointment of personal
representative may be commenced.
Three years after decedent's death - time for filing claims expires in estates in which Notice to
Creditors was not published. No claims may be filed by creditors after this date.
(Revised 9/4/2019)
12
Appendix B
Checklist of Forms
You may use this sheet to list or check off the most common forms you may need to file in order to
administer an estate. These forms can be purchased from any district court or obtained online below.
Tax forms may be obtained free from the State Tax Commissioner and Internal Revenue Service.
____ Figure A - Inventory of Decedent's Property
Forms for estate less than $50,000, no real property
____ Form 1 - Affidavit for Collection of Personal Property
Forms for estate greater than $50,000, with a will
____ Form 2 - Application Informal Probate/Appointment of Personal Representative
____ Form 3 - Statement of Informal Probate and Appointment of Personal Representative
____ Form 4 - Letters Testamentary
____ Form 5 - Notice and Information to Heirs & Devisees
____
Form 6 - Notice to Creditors
____
Form 7 - Affidavit Forwarding Applica- tion to Human Services
____ Form 8 - Affidavit for Access to Safe Deposit Box
____ Form 9 - Waiver of Right of Appointment
____ Form 10 - Inventory and Appraisement
____ Form 11 - Personal Representative Deed of Distribution
____ Form 13 - Personal Representative Assignment
____ Form 14 - Record of Receipts & Disbursements
____ Form 15 - Personal Representative Verified Statement to Close Estate
____ Form 16 - Sworn Statement of Personal Representative to Close a Small Estate
(Revised 9/4/2019)
13
Forms for estate greater than $50,000, no will
____ Form 17 - Application for Informal Appointment of Personal Representative in Intestacy
____ Form 18 - Statement of Informal Appointment of Personal Representative
____ Form 19 - Letters of Administration
____ Form 5 - Notice and Information to Heirs and Devisees
____ Form 6 - Notice to Creditors
____ Form 7 - Affidavit Forwarding Petition to Human Services
____ Form 8 - Affidavit for Access to Safe Deposit Box
____
Form 9 - Waiver of Right of Appointment
____
Form 10 - Inventory and Appraisement
____ Form 11 - Personal Representative Deed of Distribution
_____ Form 12 - Personal Representative's Deed (Sale of Real Property)
____ Form 13 - Personal Representative's Assignment
____
Form 14 - Record of Receipts & Disbursements
____ Form 15 - Personal Representative Verified Statement to Close Estate
____
Form 16 - Sworn Statement of Personal Representative to Close a Small Estate
(Revised 9/4/2019)
14
Appendix C
Glossary of Terms
Augmented Estate - The value of the estate reduced by funeral and administration expenses,
homestead, and family allowances and exemptions, and enforceable claims to which is added the value
of certain specified property transfers and property owned by the decedent's surviving spouse at the
decedent's death - see North Dakota Century Code §30.1-05-02(2). The surviving spouse may elect to
take one-half of it in lieu of a share in the will or an intestate share.
Bond - A written agreement with an insurance company or other surety that, in the event that the
personal representative causes a certain loss to the estate, the insurance company or surety will make
up that loss.
Decedent - A deceased person; the person who died.
Devisee - A person who takes the decedent's property through a provision in the Will.
Encumbrance - A claim or liability on property whose value is lessened because of that claim or
liability; includes easements, mortgages, liens, etc.
Estate - All the property that the decedent owned or had an interest in on the date of death.
Heir - A person entitled to take the decedent's property according to the laws of intestate succession.
Informal Proceedings - Appointment of personal representative and administration of an estate with
limited supervision by the court or notice to interested persons. However, an interested person can
apply to the district court for formal proceedings or supervision by the court, in which case the court
will determine how to proceed.
Interested Persons - Includes heirs, devisees, children, spouse, creditors, beneficiaries, and any others
having a property right in or claim against the estate of a decedent which may be affected by the
particular proceeding.
Intestate - A decedent who left no Will.
Intestate Succession - The laws that stipulate who is to take the decedent's property if the decedent
dies without a Will or if the decedent's Will does not dispose of all the property.
Issue - A person's lineal descendants of all generations; includes a person's children, grandchildren,
great grandchildren, etc.
Joint Tenants - Persons who own property with the equal right to share the property during their lives;
on one person's death, the property passes to and is then owned by the survivor or survivors.
(Revised 9/4/2019)
15
Lien - A claim against property to secure a debt.
Non-probate Property - That portion of the decedent's estate that passes automatically, such as to the
surviving joint tenant(s) or to a designated beneficiary.
Personal Property - All property other than real property; includes money, stock, automobiles,
household furnishings, etc.
Personal Representative - Person or persons appointed by the court to settle and distribute the estate
of a decedent.
Probate Property - That portion of the decedent's estate which passes by decedent's Will or by the
laws of intestate succession.
Property - Includes both real and personal property or any interest therein, and means anything that
may be the subject of ownership.
Real Property - Land and things attached to the land such as buildings.
Security Interest - A claim against property that is held to make sure money is paid or that something
is done; includes mortgages, liens, etc.
Successors - Persons, other than creditors, who are entitled to property of a decedent under the
decedent's Will or under the laws of intestate succession.
Venue - The proper district court for the filing of the informal proceeding forms and for dealing with
any problems that may be raised during the course of administration of the estate.
Endnotes:
1. Tax Laws are subject to change. Check with state and federal tax offices for current exemptions.
2. See N.D.C.C. 30.1-23-03 for the definition of "small estates".
(Revised 9/4/2019)
16
INVENTORY
A
PROBATE
PROPERTY
B
PROBATE
PROPERTY
C
NON-
PROBATE*
PROPERTY
DESCRIPTION OF
PROPERTY
Owned Solely
by Decedent
Owned by
decedent and
other(s) as
tenants in
common
Owned Solely
by decedent
or by
decedent and
other(s) as
joint tenants
REAL PROPERTY
(such as house, lake cabin,
farmland, oil or mineral
rights, life estate)
$$$
PERSONAL PROPERTY
A. Money, notes & cash
(such as c.d.'s &
bank accounts)
$$$
B. Stocks and bonds $ $ $
C. Insurance $ $ $
D. Miscellaneous
(such as vehicles,
personal belongings,
tools, farm
equipment)
$$$
SUBTOTALS
$$$
Total value of property in Column A
Total value of property in Column B
Total value of property in Column C
$
$
$
TOTAL VALUE OF ESTATE ASSETS
$
*Non-probate means such property as life estates, trusts, insurance proceeds
payable to a designated beneficiary and gifts in contemplation of death, as well
as property held in joint tenancy.
ND PROBATE CODE FORM 1 Page 1
09/04/19
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY OF THE DECEDENT. (N.D.C.C. 30.1-23-01).
Name, Address, and Telephone No. of Attorney
Attorney ___________________ for:
}
}
In the Matter of the Estate of _________________________________________________________, Deceased.
AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY
OF THE DECEDENT
STATE OF _________________ }
SS.
County of ___________________ }
_________________________________________________________________, being duly sworn, states the following:
1. I am the successor of __________________________________________________________________________
who died on _________________________________, ______________, because:
2. The value of the entire estate of the decedent, wherever located, less liens and encumbrances, does not exceed $50,000.
3. Thirty (30) days have elapsed since the death of the decedent.
4. No application or petition for the appointment of a personal representative of the decedent's estate is pending or has been
granted in any jurisdiction.
5. (a) As successor of the decedent, I am entitled to the payment of any sums of money due and owing the decedent and to
the delivery of all tangible personal property belonging to the decedent and to the delivery of all instruments
evidencing a debt, obligation, stock or chose in action belonging to the decedent.
(b) As successor of the decedent, I am entitled to payment or delivery of*
Page 1 of NDPC FORM 1
ND PROBATE CODE FORM 1 Page 2
09/04/19
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
___________________________________________________________________________________________________
belonging to the decedent and presently held by:
___________________________________________________________________________________________________
___________________________________________
Affiant Signature
__________________________________________
Affiant Address
__________________________________________
City, State, Zip Code
__________________________________________
Telephone Number
Subscribed and sworn to before me this ____________ day of _____________________________, __________.
____________________________________________
Notary Public or Clerk of Court
If Notary, my Commission expires: _____________________ ____________________ County, _____________
*Specify debt, personal property, instrument, obligation, stock or chose in action.
Page 2 of NDPC FORM 1
ND PROBATE CODE FORM 2 Page 1
09/04/19
APPLICATION FOR INFORMAL PROBATE OF WILL AND APPOINTMENT OF A PERSONAL REPRESENTATIVE. (N.D.C.C. 30.1-14-01).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _______________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of _____________________________________________________________________, Deceased.
APPLICATION FOR INFORMAL PROBATE OF WILL
AND APPOINTMENT OF A PERSONAL REPRESENTATIVE
I, as the applicant, provide the following information:
A. (1) I am ________________________________________________________________________________________,
(state name and interest of applicant)
(2) Decedent died on _______________________________, __________ at the age of _______________________ years.
At the time of death, the decedent was domiciled in _____________________________________________ County,
_____________________________________ (State), and is survived by the following persons who are the surviving
spouse, children, heirs or devisees of the decedent.
Name Age Relationship Address
(3) Venue for this case is in this County because ________________________________________________________
_____________________________________________________________________________________________.
(4) No personal representative has been appointed whose letters have not been terminated, except _________________
________________________, whose address is ______________________________________________________,
was appointed personal representative on ________________________________________________, ________, in
_________________________________ County, ______________________________________________ (State).
Page 1 of NDPC FORM 2
ND PROBATE CODE FORM 2 Page 2 09/04/19
(5) I have not received any demand for notice and am unaware of a demand for notice of any probate or appointment
proceeding concerning the decedent that may have been filed in this state or elsewhere, except as follows: ________
_____________________________________________________________________________________________.
(6) The time limit for informal probate and appointment has not expired.
B. (1) The original or an authenticated copy of decedent's last will, if not already in the possession of the court, is filed with this
application.
(2) That I, to the best of my knowledge, believe the will to have been validly executed.
(3) After the exercise of reasonable diligence, I am unaware of any instrument revoking the will; and I believe the instrument
is the decedent's last will.
C. (1) The original of decedent's will was executed on _______________________________________ (Month/Day/Year).
(2) The name, address, and priority for appointment of the person whose appointment is sought are as follows: _______
_____________________________________________________________________________________________
_____________________________________________________________________________________________.
I request the above described will be admitted to informal probate, and that I be appointed personal representative of the
decedent's estate.
____________________________________________
Applicant Signature
__
_______________________________
___________
Addre
ss
STATE OF___________________
}
} ss.
County of ____________________ }
_________________________________________________________________, being duly sworn, states as follows:
That I am the applicant in the foregoing application; that I have read the same and believe the statements therein to be true
to the best of my knowledge.
____________________________________________
Subscribed and sworn to before me this __________________ day of ______________________________, 20_______.
If Notary, my commission expires:_________________________
_______________________
_____________________
Notary
Public
or
Clerk
of
Court
_______________________County, _______________
Page 2 of NDPC FORM 2
____________________________________________
Telephone Number
ND PROBATE CODE FORM 3 Page 1 10/01/03
STATEMENT OF INFORMAL PROBATE OF WILL AND APPOINTMENT OF A PERSONAL REPRESENTATIVE. (N.D.C.C. 30.1-14-03, 30.1-14-08)
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _______________
Attorney ___________________ for:
IN THE DISTRICT COURT OF ____________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of _________________________________________________________________, Deceased.
STATEMENT OF INFORMAL PROBATE OF WILL
AND APPOINTMENT OF A PERSONAL REPRESENTATIVE
The application of _____________________________________________________ for informal probate of the last will of
________________________________________________________________________________________, deceased, and the
appointment of a personal representative having come before the Court this _______________________________ day of
_____________________________________, 20__________, and it appearing that:
1. The decedent died on ___________________________________, 20_________, and at least one hundred twenty (120) hours
have elapsed since the decedent's death; and
(a) The application is complete;
(b) The application contains the applicant's oath or affirmation that the statements contained therein are true to the best of the
applicant's knowledge and belief; and that all of the statements required by law to be made in the application have been
made;
(c) The applicant appears to be an interested person as defined by the laws of this state;
(d) On the basis of the statements in the application, venue is proper;
(e) The will to which this appointment relates appears to be the original, duly executed and apparently unrevoked, will of the
decedent and is in the court's possession;
(f) Any notice required by the laws of this state has been given and the application is not within Section N.D.C.C. 30.1-14-04.
(g) From the statements in the application it appears that the person whose appointment is sought is entitled to appointment
by priority;
(h) The time limit for the original probate of this will has not expired.
Page 1 of NDPC FORM 3
ND PROBATE CODE FORM 3 Page 2 10/01/03
2. A personal representative has not been appointed in another county in this state and neither the will subject of this application
nor any other will of the decedent has been the subject of a previous probate order.
NOW, THEREFORE, IT IS ORDERED as follows:
1. The application for informal probate is granted and the will of ________________________________________ dated
____________________________, ____________, is admitted to informal probate.
2. The application for informal appointment of a personal representative is granted and ____________________________
___________________________ is appointed as personal representative of the estat
e of _________________________
___________________________, deceased, without bond (or upon giving bond in the amount of $________________).
3. Letters Testamentary shall be issued to ________________________________________________________________ upon
qualification and acceptance.
Dated this ___________________________ day of __________________________________, ___________.
____________________________________________
Judge/Clerk
Page 2 of NDPC FORM 3
ND PROBATE CODE FORM 4 12/27/19
LETTERS TESTAMENTARY. (Informal Probate.) (N.D.C.C. 30.1-14-01).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _______________
Attorney ___________________ for:
IN THE DISTRICT COURT OF ____________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of _________________________________________________________________, Deceased.
LETTERS TESTAMENTARY
(Informal Probate)
The will of _________________________________________________________ having been admitted to informal probate,
_______________________________________________________ is appointed personal representative of the estate.
WITNESS: Hon. ______________________________________________, Judge/Clerk of the District Court, County of
______________________________, State of North Dakota, with the seal of the Court affixed the ____________________ day
of __________________________________, 20_________.
____________________________________________
Judge/ Clerk
Signature
STATE OF ___________________
}
} ss.
County of ____________
__
__
____
}
I, __________________________________________,
accept the du
ties of personal representative of the estate of
_______________________________________________, d
eceased,
and will perform,
according to
law, the duties of personal
representative of the
estate
of
__
_________________________________________________________________, d
eceased.
____________________________________________
STATE OF NORTH DAKOTA }
} ss.
County of ____________________ }
I, the undersigned, _________________________________________________________ of the District Court of
________________________ County certify that the foregoing is a full, true, and correct copy of the original Letters on file
with the Court and that on the date of this certificate they were in full force and effect.
Dated ___________________, ________, _____________________________________
_______________________________, ___________ of Court
Personal Representative Signature
ND PROBATE CODE FORM 5 10/01/03
NOTICE AND INFORMATION TO HEIRS AND DEVISEES. (N.D.C.C. 30.1-18-05).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _______________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
NOTICE AND INFORMATION TO HEIRS AND DEVISEES
To the heirs and devisees of the above named estate:
1. The decedent, _________________________________________________, died on or about the _______________ day
of ________________________________, __________.
2. You have or may have an interest in the estate of the decedent:
3. ____________________________________________, whose address is __________________________________
_____________________________________________________________________________________________
was appointed personal representative of the estate on the _________________ day of ______________________,
__________, and filed a bond in the amount of $______________________________________________________.
4. Papers and information relating to the estate are on file in the District Court in _______________________ County,
North Dakota, at _________________________________________(city), North Dakota; and that fewer than thirty (30)
days have passed since the date of appointment of the personal representative.
5. This estate is being administered by the Personal Representative under the Uniform Probate Code without supervision
by the Court. All recipients of this Notice are further informed that each of them is entitled to information regarding the
administration of this estate from the Personal Representative.
6. All recipients are further notified that any of them may petition the court in any matter relating to this estate, including
distribution of assets and expenses of administration.
Dated this ___________________________________ day of _____________________________________, ___________.
____________________________________________
Personal Representative
____________________________________________
Address
ND PROBATE CODE FORM 6 10/01/03
NOTICE TO CREDITORS. (N.D.C.C. 30.1-19-01).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _______________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate. All
persons having claims against the deceased are required to present their claims within three m
onths after the date of the first
publication or mailing of this notice or the claims will be forever barred. Claims must either be presented to ____________
________________________________________, personal representative of the estate, at ____________________________
______________________________________________ or filed with the Court.
Dated this _____________________________ day of __________________________________, ____________.
____________________________________________
Personal Representative
____________________________________________
Address
_____________________________________________
_____________________________________________
Attorney ______________ for ____________________
First publication on the _________________________ day of ________________________________, __________.
ND PROBATE CODE FORM 7 -- AFFIDAVIT FORWARDING COPY OF APPLICATION TO DEPARTMENT OF HUMAN SERVICES. 12/27/19
IN DISTRICT COURT
IN THE MATTER OF THE ESTATE OF ______________________________________________________, DECEASED.
AFFIDAVIT FORWARDING COPY OF APPLICATION
TO DEPARTMENT OF HUMAN SERVICES
STATE OF NORTH DAKOTA }
} ss.
County of ____________________ }
___________________________________________________________________________, being first duly sworn on oath,
deposes and says that I am the ____________________________ of the Estate of ______________________________, Deceased;
and
That I did forward copies of the application commencing probate proceedings, together with a list of the names of the legatees,
devisees, surviving joint tenants, and heirs at law to the estate to the North Dakota Department of Human Services, State Capitol,
Bismarck, North Dakota 58505, pursuant to Sections 50-06.3-07 and 50-24.1-07, N.D.C.C..
Dated __________________________________________, __________.
____________________________________________
Subscribed and sworn to before me this ____________________ day of ____________________________, __________.
____________________________________________
Notary Public
_________________________, County, North Dakota
My commission expires:_________________________
P
ersonal Representative Signature
ND PROBATE CODE FORM 8 - AFFIDAVIT FOR ACCESS TO SAFE DEPOSIT BOX. (N.D.C.C. 30.1-23-05). 10/01/03
STATE OF NORTH DAKOTA }
} ss.
County of ____________________ }
IN THE MATTER OF THE ESTATE OF
________________________________________________________________________________________, DECEASED.
AFFIDAVIT FOR ACCESS TO SAFE DEPOSIT BOX
To: ________________________________________________________________________ (bank or trust company)
1. _____________________________________, lessee of safety deposit box number ________ died on _______________
____________________, ________.
2. The box may contain (check all that apply)
______ the will of the lessee;
______ the deed to a burial lot or a document containing burial instructions for the lessee; or
______ property belonging to the estate of the lessee.
3. I am an interested person and wish to open the box:
(1) To conduct a will search;
(2) To obtain a document required to facilitate the lessee's wishes regarding body, funeral, or burial arrangements; or
(3) To make an inventory of the box.
4. There has been no application for, or appointment of, a personal representative or administrator of the decedent's estate.
5. No contents of the box, other than a will and a document required to facilitate the lessee's wishes regarding body, funeral, or
burial arrangements, will be removed.
Dated this ________________ day of _____________________________, __________.
____________________________________________
Affiant
Subscribed and sworn to before me this ____________________ day of ____________________________, __________.
____________________________________________
Notary Public
_________________________, County, North Dakota
My commission expires:_________________________
ND PROBATE CODE FORM 9
12
/27/19
WAIVER OF RIGHT TO APPOINTMENT. (N.D.C.C. 30.1-13-03).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
WAIVER OF RIGHT TO APPOINTMENT
I, ______________________________________________, am the ____________________________________ of and one
of the heirs at law of the above named decedent and have an equal priority to be appointed personal representative of the estate
of the decedent. I waive my right to such appointment and request appointment by the Court of _______________________
____________________________________________________________________, to act as personal representative, without
bond.
This waiver is filed with the Court pursuant to N.D.C.C. 30.1-13-03.
Dated this ____________________________ day of _____________________________________, 20________.
____________________________________________
Address:_____________________________________
__
_____________________________
____________
Subscribed and sworn to before me this ____________________ day of ____________________________, __________.
______________________________________________
Notary Public
_________________________, County, _____________
My commission expires:___________________________
Affiant
Telephone: __________________________________
ND PROBATE CODE FORM 10 - INVENTORY AND APPRAISEMENT 11/03/03
Page 1 - NDPC Form 10
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
INVENTORY AND APPRAISEMENT
___________________________________, the Personal Representative of the Estate of the above-named Decedent, states
that the following inventory contains a true statement of all the property owned by the Decedent at the time of death on
_________________________, so far as is known to the Personal Representative
.
Further, the values set forth for each item are the fair market values of the property as of the date of the
decedent's death, and the inventory sets forth the type and amount of any encumbrances that exist with reference
to any item.
REAL PROPERTY OWNED SOLELY BY DECEDENT:
(provide legal description)
$____________
REAL PROPERTY OWNED JOINTLY BY DECEDENT:
(provide legal description)
$____________
TOTAL VALUE OF REAL PROPERTY $____________
0
ND PROBATE CODE FORM 10 - INVENTORY AND APPRAISEMENT 11/03/03
Page 2 - NDPC Form 10
PERSONAL PROPERTY OWNED SOLELY BY DECEDENT
$____________
PERSONAL PROPERTY OWNED JOINTLY BY DECEDENT
$____________
TOTAL VALUE OF PERSONAL PROPERTY $____________
GROSS ESTATE
Real Property
Personal Property
$____________
$____________
$____________
LIENS, MORTGAGES, ENCUMBRANCES
$____________
TOTAL VALUE OF NET ESTATE IN NORTH DAKOTA $____________
0
0
0
0
ND PROBATE CODE FORM 10 - INVENTORY AND APPRAISEMENT 11/03/03
Page 3 - NDPC Form 10
Dated this __________ day of ______________________________, 20_____.
______________________________________________
STATE OF )
) ss.
COUNTY OF )
______________________________, being first duly sworn, says that I am the Personal Representative of the
Estate of the above-named Decedent; that the foregoing Inventory and Appraisement contains a true statement of
all the estate of Decedent that has come to my knowledge or possession and particularly of all money belonging
to the Decedent and of all just claims of the Decedent against me; and of all liens, mortgages, or other encumbrances
on the real and personal property of Decedent.
______________________________________________
Personal Representative
Subscribed and sworn to before me this _______ day of _____________________________, 20______.
______________________________________________
Notary Public
____________________ County, ___________________
My Commission Expires:_________________________
ND PROBATE CODE FORM 11 Page 1 10/01/03
DEED OF PERSONAL REPRESENTATIVE. (N.D.C.C. 30.1-18-03).
PERSONAL REPRESENTATIVE'S DEED OF DISTRIBUTION
THIS INDENTURE, made this ________________________ day of ________________________________, ________,
by and between _______________________________________________________________________________________,
personal representative of the estate of _____________________________________________________________________,
deceased, hereinafter referred to as Grantor, and
hereinafter referred to as Grantee______, WITNESSETH:
WHEREAS, Grantor is the duly appointed and acting personal representative of the estate of ______________________
_________________________________________________________________________________________, deceased, and
WHEREAS, Grantee __________________________________ entitled to distribution of certain real property hereinafter
described from the estate of the decedent.
NOW, THEREFORE, Grantor does grant, convey, transfer and distribute all of the right, title and interest of the decedent and
the estate to Grantee______ in the following proportions:
in and to the following described real property situated in _____________________________________________________
County, North Dakota:
together with the appurtenances thereto:
WITNESS, the hand of the Grantor: ____________________________________________
Personal Representative of the Estate
of _________________________________, Deceased
Page 1 of NDPC FORM 11
ND PROBATE CODE FORM 11 Page 2 10/01/03
PERSONAL REPRESENTATIVE'S DEED OF DISTRIBUTION. (N.D.C.C. 30.1-18-03).
STATE OF NORTH DAKOTA }
} ss.
County of ____________________ }
The foregoing instrument was acknowledged before me this _______________________ day of ___________________,
________, by __________________________________________________________ personal representative______ of the estate
of ______________________________________________________, deceased.
____________________________________________
Notary Public
_________________________, County, ____________
My commission expires:________________________
Page 2 of NDPC FORM 11
ND PROBATE CODE FORM 12 Page 1 of 2
09/04/19
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
PERSONAL REPRESENTATIVE'S DEED
(Sale of Real Property)
THIS INDENTURE, made this _________ day of __________________________________, 20_____, by and between
_______________________________________________________________________, personal representative of the estate of
_____________________________________________________________, deceased (Grantor), and _________________
___________________________________________________________________________________, Grantee(s), whose post
office address is ______________________________________________________________________________________.
WITNESSETH:
WHEREAS, Grantor is the duly appointed and acting personal representative of the estate of ______________________
_____________________________________, deceased, and
Page 1 of 2 - NDPC FORM 12
WHEREAS, Grantee(s) desires to purchase decedent's interest in certain real property hereinafter described;
NOW, THEREFORE, Grantor, in consideration of the sum
of _______________________________________________
does grant, convey, transfer and sell to Grantee(s) all of the right, title, and interest of the decedent and the estate in and to the
following described real property situated in the County of _______________________________________, State of
________________________________________:
ND PROBATE CODE FORM 12 Page 2 of 2 09/04/19
STATE OF
)
) ss.
COUNTY OF
)
The foregoing instrument was acknowledged before me this ______ day of ___________________________, 20_____, by
________________________________________________, personal representative of the estate of ___________________
________________________________, deceased.
____________________________________________
Notary Public
_____________________ County, ________________
My Commission Expires: _______________________
Page 2 of 2 - NDPC FORM 12
____________________________________________
Personal Representative of the Estate of
___________________________________, Deceased.
WITNESS, the hand of the Grantor:
ND PROBATE CODE FORM 13 Page 1 09/04/19
PERSONAL REPRESENTATIVE'S ASSIGNMENT. (N.D.C.C. 30.1-18-03).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
PERSONAL REPRESENTATIVE'S ASSIGNMENT
THIS INDENTURE, made this ____________________________ day of ______________________________, ________,
by and between _______________________________________________________________________________________,
personal representative _______________________, of the Estate of ____________________________________________,
deceased, hereinafter referred to as Assignor, whether one or more, and ___________________________________________,
whose post office address is _____________________________________________________________________________,
hereinafter referred to as Assignee, whether one or more, WITNESSETH:
WHEREAS, Assignor is the duly appointed and acting personal representative of the Estate of _____________________
_________________________________________________________________________________________, deceased, and
WHEREAS, Assignee is entitled to distribution of certain personal property hereinafter described from the Estate of the
decedent,
NOW, THEREFORE, Assignor does assign, transfer, release and distribute to Assignee the following:
Page 1 of NDPC FORM 13
ND PROBATE CODE FORM 13 Page 2 09/04/19
PERSONAL REPRESENTATIVE'S ASSIGNMENT. (N.D.C.C. 30.1-18-03).
WITNESS, the hand of the Assignor: _____________________________________________
_____________________________________________
Personal Representative ____________________ of the
Estate of _____________________________________,
Deceased
STATE OF ___________________
}
} ss.
County of ____________________ }
The foregoing instrument was acknowledged before me this __________________________________________, day of
____________________________________, ________, by ___________________________________________________,
personal representative______ of the estate of ______________________________________________________, deceased.
____________________________________________
Notary Public
_________________________, County, ____________
My commission expires:_________________________
Page 2 of NDPC FORM 13
ND PROBATE CODE FORM 14 10/01/03
RECORD OF RECEIPTS AND DISBURSEMENTS OF PERSONAL REPRESENTATIVE
RECEIPTS/DISBURSEMENTS
DATE PAID BY/TO FOR AMOUNT
Beginning Balance
$
Ending Balance
$
NDPC Form 14
0
ND PROBATE CODE FORM 15 Page 1 09/04/19
PERSONAL REPRESENTATIVE'S VERIFIED STATEMENT TO CLOSE THE ESTATE. (N.D.C.C. 30.1-21-03).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
PERSONAL REPRESENTATIVE'S VERIFIED STATEMENT
TO CLOSE THE ESTATE
STATE OF ___________________ }
} ss.
County of ____________________ }
_____________________________________________________________________, being duly sworn, states as follows:
1. I am the duly appointed, qualified and acting personal representative of the above estate.
2. I have published notice to creditors as provided in N.D.C.C. 30.1-19-01 and have filed proof of publication of such notice.
The first publication occurred more than three months prior to the date of this statement.
3. I have fully administered the estate of the decedent by making payment, settlement or other disposition of all claims which
were presented, expenses of administration and estate, inheritance and other death taxes except as follows:
4. I have distributed the assets of the estate to the persons entitled to the assets in the amount and manner to which they are
entitled. (By agreement with the distributees the assets were distributed subject to outstanding liabilities of the estate.)
5. I have sent a copy of this statement to all distributees of the estate (and to all creditors or claimants of the estate whom
I am aware whose claims are neither paid nor barred), and I have furnished a full account in writing of my administration to the
distributees whose interests are affected thereby.
6. This statement is filed for the purpose of closing this estate and terminating the appointment of the undersigned pursuant
to N.D.C.C. 30.1-21-03.
____________________________________________
Personal Representative
Page 1 of NDPC FORM 15
ND PROBATE CODE FORM 15 Page 2 09/04/19
STATE OF ___________________ }
} ss.
County of ____________________ }
_______________________________________________________________________________, being first duly sworn,
says that ___he is the personal representative of the above estate and that ___he has read the foregoing statements and knows the
contents thereof, and verily believes the statements made therein to be true.
____________________________________________
Signature
____________________________________________
Address
____________________________________________
City, State, Zip Code
____________________________________________
Telephone Nu
mber
Subscribed and sworn to before me this ___________________ day of _______________________, 20________.
____________________________________________
Notary Public
_______________________ County, _______________
My Commission expires:________________________
Page 2 of NDPC FORM 15
ND PROBATE CODE FORM 16 09/04/19
SWORN STATEMENT OF PERSONAL REPRESENTATIVE CLOSING A SMALL ESTATE. (N.D.C.C. 30.1-23-04).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
SWORN STATEMENT OF PERSONAL REPRESENTATIVE
CLOSING A SMALL ESTATE
STATE OF __________________ }
} ss.
County of ____________________ }
___________________________________________________________, being duly sworn, states the following under oath:
1. I am the duly appointed, qualified and acting personal representative of the above estate, appointed on __________
______________________, __________, in the above Court.
2. To the best of my knowledge, the value of the entire estate, less liens and encumbrances, did not exceed the homestead
allowance, exempt property, family allowance, costs and expenses of administration, reasonable funeral expenses, and the
reasonable, necessary medical and hospital expenses of the last illness of the decedent.
3. I have fully administered the estate by disbursing and distributing it to the persons entitled thereto.
4. I have sent a copy of the closing statement to all distributees of the estate and to all creditors or other claimants of whom I am
aware whose claims are neither paid nor barred and have furnished a full account in writing of personal representative's
administration to the distributees whose interests are affected.
5. No order of the Court prohibits closing of the estate and the estate is not being administered by a supervised personal
representative.
This statement is filed for the purpose of closing the above estate and terminating my appointment as personal representative
pursuant to N.D.C.C. 30.1-23-04.
____________________________________________
Subscribed and sworn to before me this __________________ day of ___________________________, _________.
____________________________________________
Notary Public
______________________ County, ______________
My commission expires:________________________
ND PROBATE CODE FORM 17 Page 1 09/04/19
APPLICATION FOR INFORMAL APPOINTMENT OF A PERSONAL REPRESENTATIVE IN INTESTACY. (N.D.C.C. 30.1-14-01).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
APPLICATION FOR INFORMAL APPOINTMENT
OF PERSONAL REPRESENTATIVE IN INTESTACY
I, as the applicant, provide the following information:
A. (1) I am _________________________________________________________________________________________.
(state name an
d interest of applicant)
(2) Decedent died on ___________________________,__________, at the age of ________________________ years. At
the time of death, the decedent was domiciled in ____________________________________________ County,
_________________________________________ (state), and is survived by the following persons who are the surviving
spouse, children, heirs or devisees of decedent.
Name Age Relationship Address
(3) Venue for this case is in this County because ________________________________________________________
_____________________________________________________________________________________________.
(4) No personal representative has been appointed whose letters have not been terminated, except _________________
____________________________, whose address is __________________________________________________, was
appointed personal representative on ________________________________________, _________, in
_____________________________ County, ____________________________________________________(state).
Page 1 of NDPC FORM 17
ND PROBATE CODE FORM 17 Page 2 09/04/19
(5) I have not received any demand for notice and am unaware of a demand for notice of any probate or appointment
proceeding concerning the decedent that may have been filed in this state or elsewhere, except as follows:________
_____________________________________________________________________________________________.
(6) The time limit for informal appointment has not expired.
B. I further state pursuant to Section N.D.C.C. 30.1-14-01(d):
(1) That after the exercise of reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to the
property having a situs in this state under Section 30.1-02-01, except such instrument as attached hereto, or described
herein, is not being probated, because ______________________________________________________________
_____________________________________________________________________________________________.
(2) The priority of the person whose appointment is sought is ______________________________________________, and
the names of any other persons having a prior or equal right to the appointment under Section 30.1-13-03 are as
follows:______________________________________________________________________________________
_____________________________________________________________________________________________.
}
}
WHEREFORE, I request that ______________________________
___________________________________ be appointed
personal representative of decedent's estate and that letters of administration be issued to the appointee upon qualification and
acceptance.
STATE OF ___________________
ss.
County of ____________________ }
___________________________________________________, the applicant above, being duly sworn, states as follows:
I have read the application and believe the statements therein to be true to the best of my knowledge.
____________________________________________
Applicant Signature
____________________________________________
Address
____________________________________________
Telephone Number
Subscribed and sworn to before me this ______________________ day of ________________________, ___________.
My Commission expires:_____________________________
____________________________________________
Notary Public
_____________________, County, ________________
Page 2 of NDPC FORM 17
ND PROBATE CODE FORM 18 10/01/03
STATEMENT OF INFORMAL APPOINTMENT OF A PERSONAL REPRESENTATIVE - INTESTACY. (N.D.C.C. 30.1-14-08)
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ________________________________________________________________, Deceased.
STATEMENT OF INFORMAL APPOINTMENT
OF A PERSONAL REPRESENTATIVE - INTESTACY
The application of _______________________________________________________________ for informal appointment
of a personal representative having come before the Court this ____________________ day of _______________________,
__________, and it appearing that:
1. The decedent died on ________________________________________, ________, and at least one hundred twenty (120)
hours have elapsed since the decedent's death; and
a. The application is complete, in that;
b. The application contains the applicant's oath or affirmation that the statements contained therein are true to the best
of the applicant's knowledge and belief; and that all of the statements required by law to be made in the application
have been made;
c. The applicant appears to be an interested person as defined by the laws of this state;
d. On the basis of the statements in the application, venue is proper;
e. Any notice required by the laws of this state has been given;
f. That from the statements in the application, it appears that the person whose appointment is sought has priority
entitling the appointment.
NOW, THEREFORE, IT IS ORDERED, that:
1. ____________________________________________________ is informally appointed personal representative of the
estate of _____________________________________________ deceased, without bond (or upon giving bond in the
amount of $____________________________).
2. Letters of Administration shall be issued to __________________________________________________________
upon qualification and acceptance.
Dated this _______________________________ day of ________________________________, ________.
___________________________________________________
Judge/Clerk
ND PROBATE CODE FORM 19
1
2/27/19
LETTERS OF ADMINISTRATION. (N.D.C.C. 30.1-14-07).
Name, Address, and Telephone No. of Attorney Space below for use of District Court only
Probate No. _____________
Attorney ___________________ for:
IN THE DISTRICT COURT OF __________________________________ COUNTY, STATE OF NORTH DAKOTA
In the Matter of the Estate of ___________________________________________________________________, Deceased.
LETTERS OF ADMINISTRATION
_________________________________________________________ is appointed personal representative of the estate of
________________________________________________________, deceased.
WITNESS: Hon. ____________________________________________, Judge/Clerk of the above entitled Court, with the
seal thereof affixed the _____________________________ day of _____________________________, __________.
____________________________________________
Judge/Clerk
Signature
STATE OF NORTH DAKOTA }
} ss.
County of ____________________ }
I accept the duties of personal representative of the estate of _______________________________________________
___________________________, deceased, and will perform, according to law, the duties of the personal representative.
Date ____________________________________ ____________________________________________
STATE OF NORTH DAKOTA
}
} ss.
CERTIFICATE
County of ____________________ }
I, the undersigned, ________________________________________________________ of the District Court of
__________________________ County, certify that the foregoing is a full, true and correct copy of the original Letters on File
with the Court and that on the Date of this certificate they were in full force and effect.
Dated _______________________________, ________. ___________________________________
_________________________of Court
Personal Representative Signature
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ND STATE COURTS (North Dakora Judicial Branch)

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Completed 7 July 2021

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