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Even without a statutory guideline on executor fees in North Dakota, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection, and preservation of, the estate in the personal representative's possession. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
Generally, the person who oversees your estate is known as your ?personal representative.? California law also refers to a personal representative as an ?executor? or ?administrator.? All three terms describe the same function, although there is a legal distinction between their method of appointment.
Die unmarried and intestate in North Dakota and your estate goes to your children in equal shares. If you don't have any children, then your parents are next in line. Finally, if you don't have a spouse, children, or surviving parents, then your estate will go to your grandparents, or descendants of your grandparents.
An affidavit, declaration of service, or certificate of service gives the court proof of service.
(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...
If you have a larger estate, you must go through probate, especially if real estate is involved. Other deciding factors for requiring probate include: A poorly written will. Debates over the proper heir.