2013 North Dakota Century Code Title 30.1 Uniform Probate Code Chapter 30.1-21 Closing Estates
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CHAPTER 30.1-21
CLOSING ESTATES
30.1-21-01. (3-1001) Formal proceedings terminating administration - Testate or
intestate - Order of general protection.
1. A personal representative or any interested person may petition for an order of
complete settlement of the estate. The personal representative may petition at any
time, and any other interested person may petition after one year from the
appointment of the original personal representative, except that no petition under this
section may be entertained until the time for presenting claims which arose prior to the
death of the decedent has expired. The petition may request the court to determine
testacy, if not previously determined, to consider the final account or compel or
approve an accounting and distribution, to construe any will or determine heirs and
adjudicate the final settlement and distribution of the estate. After notice to all
interested persons and hearing the court may enter an order or orders, on appropriate
conditions, determining the persons entitled to distribution of the estate, and, as
circumstances require, approving settlement and, after receiving satisfactory evidence
of payment of any estate tax due, directing or approving distribution of the estate and
discharging the personal representative from further claim or demand of any interested
person.
2. If one or more heirs or devisees were omitted as parties in, or were not given notice of,
a previous formal testacy proceeding, the court, on proper petition for an order of
complete settlement of the estate under this section, and after notice to the omitted or
unnotified persons and other interested parties determined to be interested on the
assumption that the previous order concerning testacy is conclusive as to those given
notice of the earlier proceeding, may determine testacy as it affects the omitted
persons and confirm or alter the previous order of testacy as it affects all interested
persons as appropriate in the light of the new proofs. In the absence of objection by an
omitted or unnotified person, evidence received in the original testacy proceeding shall
constitute prima facie proof of due execution of any will previously admitted to probate,
or of the fact that the decedent left no valid will if the prior proceedings determined this
fact.
30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Order
construing will without adjudicating testacy.
A personal representative administering an estate under an informally probated will or any
devisee under an informally probated will may petition for an order of settlement of the estate
which will not adjudicate the testacy status of the decedent. The personal representative may
petition at any time, and a devisee may petition after one year, from the appointment of the
original personal representative, except that no petition under this section may be entertained
until the time for presenting claims which arose prior to the death of the decedent has expired.
The petition may request the court to consider the final account or compel or approve an
accounting and distribution, to construe the will and adjudicate final settlement and distribution
of the estate. After notice to all devisees and the personal representative and hearing, the court
may enter an order or orders, on appropriate conditions, determining the persons entitled to
distribution of the estate under the will, and, as circumstances require, approving settlement and
directing or approving distribution of the estate and discharging the personal representative from
further claim or demand of any devisee who is a party to the proceeding and those the devisee
represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed
or amendments made to meet the provisions of section 30.1-21-01.
30.1-21-03. (3-1003) Closing estates - By sworn statement of personal representative.
1. Unless prohibited by order of the court and except for estates being administered in
supervised administration proceedings, a personal representative may close an estate
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2.
by filing with the court a verified statement stating that the personal representative, or
a prior personal representative whom the personal representative has succeeded, has:
a. 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, and 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.
b. 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.
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.
30.1-21-03.1. Estate closing - Procedures.
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 timeframe 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.
30.1-21-04. (3-1004) Liability of distributees to claimants.
After assets of an estate have been distributed and subject to section 30.1-21-06, an
undischarged claim, not barred, may be prosecuted in a proceeding against one or more
distributees. No distributee shall be liable to claimants for amounts received as exempt property,
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homestead or family allowances, or for amounts in excess of the value of the distributee's
distribution as of the time of distribution. As between distributees, each shall bear the cost of
satisfaction of unbarred claims as if the claim had been satisfied in the course of administration.
Any distributee who has failed to notify other distributees of the demand made upon the
distributee by the claimant in sufficient time to permit them to join in any proceeding in which the
claim was asserted against the distributee loses the distributee's right of contribution against
other distributees.
30.1-21-05. (3-1005) Limitations on proceedings against personal representative.
Unless previously barred by adjudication and except as provided in the closing statement,
the rights of successors and of creditors whose claims have not otherwise been barred against
the personal representative for breach of fiduciary duty are barred unless a proceeding to assert
the same is commenced within six months after the filing of the closing statement. The rights
thus barred do not include rights to recover from a personal representative for fraud,
misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
30.1-21-06. (3-1006) Limitations on actions and proceedings against distributees.
Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the
accounts of a personal representative or unless otherwise barred, the claim of any claimant to
recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or
of a successor personal representative acting in their behalf, to recover property improperly
distributed or the value thereof from any distributee is forever barred at the later of:
1. Three years after the decedent's death.
2. One year after the time of distribution thereof.
This section does not bar an action to recover property or value received as the result of fraud.
30.1-21-07. (3-1007) Certificate discharging liens securing fiduciary performance.
After the personal representative's appointment has terminated, the personal
representative, the personal representative's sureties, or any successor of either, upon the filing
of a verified application showing, so far as is known by the applicant, that no action concerning
the estate is pending in any court, is entitled to receive a certificate from the court that the
personal representative appears to have fully administered the estate in question. The
certificate evidences discharge of any lien on any property given to secure the obligation of the
personal representative in lieu of bond or any surety, but does not preclude action against the
personal representative or the surety.
30.1-21-08. (3-1008) Subsequent administration - Fee.
If other 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 of any interested person 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 orders
otherwise, the provisions of this title apply as appropriate, but no claim previously barred may
be asserted in the subsequent administration.
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