Claim Against Estate - Instructions And Form

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Claim Against Estate - Instructions And Form is a commonly used form within North Dakota. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Claim Against Estate - Instructions And Form

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Claim Against Estate - Instructions And Form:

• This form pertains to the State of North Dakota

• The current version of this form was last revised on August 13, 2004

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about North Dakota’s Form Form 20 - Claim Against Estate - Instructions And Form up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct North Dakota form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some North Dakota probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Form 20, take a break, and then review. Probate and estate settlement processes in ND are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Form 20 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form Form 20 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Claim Against Estate - Instructions And Form to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in North Dakota.

5 reasons you should submit Form 20 as quickly as possible:

1. The sooner you begin, the faster North Dakota can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in North Dakota. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of North Dakota is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for North Dakota probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local North Dakota probate clerk or court for exact answers regarding Form Form 20, and when in doubt— consult a qualified trust & estates lawyer for that area.

Claim Against Estate - Instructions And Form is one of the many probate court forms available for download through Atticus.

It may also be available through some North Dakota probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within North Dakota.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Form 20 - Claim Against Estate - Instructions And Form f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the North Dakota probate court office.

Claim Against Estate - Instructions And Form is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any North Dakota-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on North Dakota Form Form 20 - Claim Against Estate - Instructions And Form. You can use this to get an idea of the context of the form and what type of information is needed.

NDLSHC Info Guide Page 1 of 9 Claim Against Estate/Rev Oct 2023 Making a Claim Against an Estate An Informational Guide to a North Dakota State Civil Court Process The North Dakota Legal Self Help Center provides resources to people who represent themselves in civil matters in the North Dakota state courts. The information provided in this informational guide isn’ t intended for legal advice but only as a general guide to a civil court process. If you decide to represent yourself, you need to do additional research to prepare. If you’re unsure how to proceed, don’t know if this informational guide suits your needs, or need legal advice or legal representation, consult a lawyer licensed to practice in North Dakota. For more information about finding a lawyer, to ndcourts.gov/legal-self-help/finding-a-lawyer. When you represent yourself, you’re expected to know and follow the law, including: • State or federal laws that apply to your case; • Case law, also called court opinions, that applies to your case; and • Court rules that apply to your case, which may include: o North Dakota Rules of Civil Procedure; o North Dakota Rules of Court; o North Dakota Rules of Evidence; o North Dakota Administrative Rules and Orders; o Any local court rules. Links to laws, case law, and court rules are available at ndcourts.gov. A glossary with definitions of legal terms is available at ndcourts.gov/legal-self-help. When you represent yourself, you’re held to same requirements and responsibilities as a lawyer, even if you don’t understand the rules or procedures. This information is not a complete statement of the law. This covers basic information about the process of making a claim against an estate probated in a North Dakota state d istrict court probate case. The Center isn’t responsible for any consequences that may result from the information provided. The information can’t replace the advice of a lawyer licensed in the state of North Dakota. Use at your own risk. This Informational Guide Applies to the Following Situation: 1. You have a claim against the estate of a deceased individual; And 2. A probate case for the estate of the deceased individual is filed in a North Dakota state district court. If this Doesn’t apply to your situation, consult a lawyer. NDLSHC Info Guide Page 2 of 9 Claim Against Estate/Rev Oct 2023 Information About Claims Against Estates in North Dakota How Do I Find Out if a Probate Case is Filed? To find out if a probate case for a deceased individual is filed in a North Dakota state district court, search public court records at ndcourts.gov. Click on “Search Records and Pay Fines.” • Read the information, then click Click Here to Proceed. • Select a location from the pull down menu. o Select an individual county or select the State of North Dakota. • Click the “Civil, Family & Probate Case Records” link. • In the “Last Name” field: o Enter at least the first three letters of the deceased individual’s last name, followed by an asterisk (*). o For example, if the last name is Smith, enter at least smi*. • In the “First Name” field: o Enter at least the first letter of the deceased individual’s first name, followed by an asterisk (*). o For example, if the first name is Jane, enter at least j*. • In the “Case Types” box: o Hold down the Ctrl key on your keyboard and select:  “Domiciliary Proceeding”  “Heirship”  “Other Probate”  “Probate Administration (Formal)”  “Probate Administration (Informal)”  “Probate of Will (Formal)”  “Probate of Will (Informal)” • Click the Search box. • The screen will list publically accessible court cases based on your search. Case numbers are listed on the left-hand side of the page. What if a Probate Case Isn’t Filed? If a probate case for the deceased individual hasn’t been filed in a North Dakota state district court, consult a lawyer licensed to practice in North Dakota. Go to the end of this Informational Guide for resources for finding a lawyer. NDLSHC Info Guide Page 3 of 9 Claim Against Estate/Rev Oct 2023 What is a Claim Against an Estate? When a deceased individual owes debts or obligations before death, and when the estate of the deceased individual owes debts or obligations after death, creditors make claims against the estate for payment. Is There a Deadline for Creditors to Make Claims Against an Estate? Yes, when an estate is probated in a North Dakota state district court, creditors have a deadline to make a formal claim for payment of the debt. If the debt or obligation occurred before death, the deadline to make a claim is: • Three months after the date the notice to creditors was first published if the personal representative chose to publish notice to creditors and the notice of publication met the requirements of North Dakota Century Code Section 30.1-19-01 . • Three years after the date of death if the personal representative chose not to publish notice to creditors. If the debt or obligation occurred after death, the deadline to make a claim is: • Four months after performance of the contract by the personal representative, if the claim is based on a contract with the personal representative. • Three months after the claim arises, for any other claim. (In North Dakota state district court probate cases, a personal representative is appointed by the district court to handle the estate.) Does the North Dakota Legal Self Help Center Have Forms to Make a Claim Against an Estate? No, the ND Legal Self Help Center doesn’t have a packet of forms for making a claim against an estate. If you decide to represent yourself, you create and prepare your own legal documents. However, an example of a form to make a claim against an estate probated in a North Dakota state district court in included at the end of this Informational Guide. It may be of interest as a formatting example. NDLSHC Info Guide Page 4 of 9 Claim Against Estate/Rev Oct 2023 Is There Help Available for Creating Legal Documents? Consult a lawyer licensed to practice in North Dakota. Ask the lawyer about Limited Legal Representation. Lawyers licensed to practice in North Dakota may agree to help you with part of your civil action, such as preparing legal documents, while you handle the rest of your civil action. You and the lawyer must agree in writing to Limited Legal Representation. North Dakota Laws & Rules Related to Claims Against Estates Title 30.1 of the North Dakota Century Code ndlegis.gov/cencode/t30-1.html contains laws governing probate in North Dakota. Chapter 30.1-19 of the North Dakota Century Code ndlegis.gov/cencode/t30-1c19.html contains requirements for creditor claims against estates. Review the entire Chapter. The North Dakota Rules of Civil Procedure apply to civil matters in North Dakota state district courts. The rules are available at ndcourts.gov/legal-resources/rules/ndrcivp . The North Dakota Rules of Court apply to civil matters in North Dakota state district courts. The rules are available at ndcourts.gov/legal-resources/rules/ndrct. The North Dakota Rules of Evidence apply to civil matters in North Dakota state district courts. The rules are available at ndcourts.gov/legal-resources/rules/ndrev. North Dakota case law is useful for interpreting what the law means for your individual circumstances. When the decision of a case is appealed from a North Dakota state district court to the North Dakota Supreme Court, the Supreme Court writes their opinion to explain how and why they interpreted the laws or rules to decide the appeal the way they did. The opinions are case law and followed by North Dakota courts deciding later cases with similar facts and issues. To search North Dakota case law, go to ndcourts.gov/supreme-court/opinions . Laws constantly change through legislation, administrative rulings and case law (court decisions). To determine how a law applies to your situation, review the applicable law or laws, administrative rulings and case law (court decisions). Only a lawyer licensed to practice in North Dakota who has agreed to represent you can give you legal advice. Legal advice includes interpreting how the laws and rules apply to your situation. NDLSHC Info Guide Page 5 of 9 Claim Against Estate/Rev Oct 2023 The Process of Making a Claim Against an Estate in a North Dakota State District Court Probate Case Step One: Review N.D.C.C. Chapter 30.1-19; Make Decisions Review North Dakota Century Code Chapter 30.1-19 carefully. Chapter 30.1-19 contains requirements for making a claim against an estate. As a self-represented individual, you’re responsible for following all of the requirements. Based on your review of Chapter 30.1-19, decide if you meet the requirements to make a claim against an estate. Step Two: Create Your Legal Document If you decide you meet the requirements to make a claim against an estate, you create your written statement of your claim. Create the Following Legal Document: • Claim Against Estate: o Must include:  The basis for your claim;  Your name and address, as the claimant; and  The amount you claim you’re owed by the estate. An example of a form to make a written statement of a claim against an estate probated in a North Dakota state district court is included at the end of this Informational Guide. It may be of interest as a formatting example. Step Three: Present Your Claim Against the Estate (Two Options) After you create your Claim Against Estate legal document, North Dakota Century Code Section 30.1-19-04 a llows two options to present your claim against the estate. Option One: Deliver or Mail to the Personal Representative You may deliver or mail your Claim Against Estate legal document to the personal representative and any attorney of record for the estate. • The name of the personal representative and any attorney representing the personal representative or the estate are listed in the public court records for the probate case. NDLSHC Info Guide Page 6 of 9 Claim Against Estate/Rev Oct 2023 You may wish to have proof that you delivered or mailed your Claim Against Estate legal document to the personal representative and any attorney of record. In court cases, this is called proof of service. See Step Four: Proof of Service of Your Claim Against the Estate for more information. Option Two: File with the Clerk of District Court You may file your Claim Against Estate legal document with the Clerk of District Court in the probate case. • The name of the County is listed in the public court records for the probate case. • Contact information for Clerks of District Court by North Dakota county is available at ndcourts.gov/court-locations . A copy of all documents filed with the Clerk of District Court must also be served on the personal representative. If the personal representative is represented by an attorney, serve the attorney instead. You need to prove that you served a copy of your Claim Against Estate legal document. This is called proof of service. See Step Four: Proof of Service of Your Claim Against the Estate for more information. Step Four: Proof of Service of Your Claim Against the Estate Service is providing copies of your Claim Against Estate legal document to the people who are required to be served. Proof of service is filed with the District Court. A declaration of service or an affidavit of service gives the District Court proof of service. Service by Mail: You may arrange for service by mail. An Affidavit of Service by Mail form is available at ndcourts.gov/legal-self-help/informal-probate . Put the copy of your Claim Against Estate legal document in an envelope. Address the envelope with the person’s last known address. List your address as the return address on the envelope. A person who is at least 18 years old mails the envelope by United States First Class mail. First Class postage must be prepaid. Service by mail is complete upon mailing. The person who mailed the envelope completes the Affidavit of Service by Mail. If the person took the envelope to a United States Post Office, the Post Office employee doesn’t complete the Affidavit. NDLSHC Info Guide Page 7 of 9 Claim Against Estate/Rev Oct 2023 Service by Personal Delivery: You may arrange for service by hand delivery. An Affidavit of Service by Personal Delivery form is available at ndcourts.gov/legal-self-help/informal-probate. Give the copy of your Claim Against Estate legal document to a person who is at least 18 years old and not a party or interested in the probate case. That person hand delivers the copy to the person intended to be served. The person who hand delivered the copy to the person intended to be served completes the Affidavit of Service by Personal Delivery. Service by personal delivery is complete upon handing the copy of your Claim Against Estate legal document to the person intended to be served. If You Chose Option One: Keep the completed affidavit(s) of service for your records. If you need to provide proof that you delivered or mail your Claim Against Estate legal document to the personal representative and any attorney of record, you’ll have your affidavit(s) of service available. If you Chose Option Two: Make a copy of each the completed affidavit(s) of service for your records. File the original(s) with the Clerk of District Court when you file your Claim Against Estate legal document. Step Five: Payment of Claims Review North Dakota Century Code Section 30.1-19-06 for allowing or disallowing a claim. Review North Dakota Century Code Section 30.1-19-07 for payment of claims. If there are not enough assets of an estate to pay claims, North Dakota Century Code Section 30.1-19-05 requires the personal representative to pay claims in the following order: 1. Costs and expenses of administration of the estate. 2. Reasonable funeral expenses. 3. Debts and taxes with preference under federal law. 4. Reasonable and necessary medical and hospital expenses of the last illness of the deceased individual, including compensation of persons attending the deceased individual. 5. The deceased individual's child support obligations due and unpaid before death. 6. Debts and taxes with preference under other laws of North Dakota. 7. All other claims. NDLSHC Info Guide Page 8 of 9 Claim Against Estate/Rev Oct 2023 Lawyer Resources and Limited Legal Representation You aren’t required to hire a lawyer to access the state court system. If you decide to represent yourself, you must follow all of the rules, laws and procedures that a lawyer is required to follow. Lawyer Resources To learn more about finding a lawyer to represent you, go to ndcourts.gov/legal-self- help/finding-a-lawyer. You may also find the following options of interest. • Legal Services of North Dakota is a non-profit organization, providing free legal assistance to North Dakota residents in a variety of matters based on income. Legal Services of North Dakota can also determine whether an applicant meets the income requirements for the Volunteer Lawyers program that offers low-cost legal assistance based on income. The phone number is (800) 634-5263 and the website is legalassist.org. • Dakota Plains Legal Services is a non-profit legal services organization that provides free legal assistance to low-income individuals, older Americans and veterans. Dakota Plains Legal Services (DPLS) has eight offices and serves communities across South Dakota and North Dakota, including nine tribal nations. DPLS is committed to increasing access to justice with quality legal assistance. Contact information is available on the DPLS webpage of dpls.org . • The State Bar Association provides a lawyer referral service to match paying clients in need of legal services with lawyers. The phone number is (866) 450-9579 and the website is sband.org. • For a list of all lawyers who are licensed to practice in North Dakota, go to the North Dakota Supreme Court website at ndcourts.gov/Lawyers . You can narrow your search by name or location. Limited Legal Representation Lawyers licensed to practice in North Dakota may provide Limited Legal Representation in civil cases. Limited Legal Representation (sometimes called “unbundling”) is a way that a lawyer can help you with part of your case while you do the rest of your case. You pay for the part of the case the lawyer handled. NDLSHC Info Guide Page 9 of 9 Claim Against Estate/Rev Oct 2023 For example: • You may want a lawyer to give you an expert opinion about your options, or your legal rights and responsibilities; • You can consult with a lawyer to prepare or review your paperwork, but attend hearings yourself; • You can represent yourself through the whole case, and periodically consult with a lawyer who can coach you on the law, procedures and strategy; • You can do the preparation yourself and hire a lawyer just to make the court appearance for you. You and the lawyer must agree in writing to Limited Legal Representation. North Dakota Free Legal Answers This civil legal program is a partnership of the American Bar Association and the State Bar Association of North Dakota. The purpose of the program is to provide free answers to specific civil legal question to low- moderate income North Dakotans who submit their questions online. Anonymous volunteer lawyers answer your question, but can’t represent you. Go to nd.freelegalanswers.org for information about the program, the online application, and, if you qualify, ask your civil legal question. Please note that this program doesn’t provide any assistance with criminal legal questions. ND PROBATE CODE FORM 208/13/04 WRITTEN STATEMENT OF CLAIM AGAINST ESTATE DELIVERED OR MAILED TO PERSONAL REPRESENTATIVE OR FILED WITH COURT. (N.D.C.C. . 30.1-19-04). Name, Address, and Telephone No. of AttorneySpace 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. CLAIM AGAINST ESTATE _____________________________________________________________________, creditor of the estate of ___________________________________________________________, deceased, hereby states that said estate is indebted to said creditor in the amount of $_____________________ for: Dated this _____________________________ day of __________________________________, ____________. ____________________________________________ Claimant ____________________________________________ Address