When a deceased person (decedent) dies without a will (intestate) or the decedent’s will is found to be invalid by the probate court, the court may appoint an administrator to manage the estate, assets, and liabilities of the decedent. The administrator must be qualified or approved by the court and in some instances may be required to post a bond to secure the assets of the estate.
Upon appointment of an administrator by the probate court the court may issue letters of administration that authorize the administrator to administer the decedent’s estate by collecting amounts due to the estate, paying any outstanding debts of the estate, and distributing the assets of the estate in accordance with the state’s intestate succession laws.
Laws and procedures vary from state to state but an administrator—and the administrator’s administration of the estate—may be supervised or unsupervised by the probate court and may be with or without a bond required from the administrator.
In North Dakota, when a person dies without a valid will (intestate), the probate court steps in to manage the distribution of the decedent's estate. The court may appoint an administrator, who must be deemed qualified and may be required to post a bond to protect the estate's assets. This administrator is responsible for settling the decedent's affairs, which includes collecting debts owed to the estate, paying off the decedent's debts, and distributing the remaining assets according to North Dakota's intestate succession laws. These laws determine the hierarchy of heirs and how the assets will be divided among them. The level of court supervision over the administrator can be either supervised or unsupervised, and the requirement for a bond depends on the specific circumstances of the estate and the court's discretion. The process is governed by North Dakota Century Code (NDCC), particularly Title 30.1 (Uniform Probate Code).