[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Executor/Administrator's Name] [Executor/Administrator's Address] [City, State, ZIP] Subject: Closing of Estate with no Distribution — Estate of [Deceased's Name] Dear [Executor/Administrator's Name], I am writing to formally request the closing of the estate of [Deceased's Name], as per the legal requirements. After careful consideration and review of the estate's assets and liabilities, it has been determined that there will be no distribution to any beneficiaries or creditors. In accordance with the laws of North Dakota, specifically Section [Relevant Section Number] of the North Dakota Century Code, I hereby request the necessary proceedings to close the estate without further delays. The following documents, forms, and information have been diligently prepared and enclosed to facilitate a smooth closure of the estate with no distribution: 1. Original Death Certificate: Enclosed is the certified copy of the decedent's death certificate, obtained from the vital records' office. 2. Letters Testamentary/Letters of Administration: As the appointed executor/administrator, please find enclosed the original authorization document granting you the legal authority to administer the estate. 3. Final Inventory and Appraisal: Attached is the comprehensive inventory and appraisal of all assets and properties held by the estate, including their respective values as of [Date]. 4. Liabilities and Debts: A detailed list of all outstanding debts, claims, and liabilities against the estate has been prepared and enclosed herewith. All debts have been duly settled and no further obligations remain outstanding. 5. Tax Returns: Copies of the estate's federal and state income tax returns have been included. These returns have already been filed with the respective tax authorities. 6. Executor/Administrator's Account Statement: A statement showing all income, expenses, and distributions made during the administration of the estate has been enclosed. This statement reflects a net balance of zero. 7. Waiver of Final Accounting: If applicable, a signed waiver of final accounting from the beneficiaries has been enclosed, confirming their agreement to the closure of the estate without distribution. I kindly request your prompt attention to this matter and the initiation of the legal proceedings necessary for closing the estate. Upon receipt of an Order Closing Estate, kindly forward it to me for my records and to complete the necessary paperwork with the probate court. Please feel free to contact me at [Phone Number] or via email at [Email Address] if you require any further information or documentation. I appreciate your cooperation and swift action in concluding this matter. Thank you for your attention to this request. Sincerely, [Your Name]
North Dakota Sample Letter for Closing of Estate with no Distribution
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FAQ
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.
Probate is almost always required in North Dakota. 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.
One of the most common ways to avoid probate is to create a living trust. Through a living trust, the person writing the trust (grantor) must "fund the trust" by putting the assets they choose into it. The grantor retains control over the trust's property until their death or incapacitation.
10 tips to avoid probate Give away property. Establish joint ownership for real estate. Joint ownership for other property. Pay-on-death financial accounts. Transfer-on-death securities. Transfer on death for motor vehicles. Transfer on death for real estate. Living trusts.
Probate Avoidance Joint Tenancy with Right of Survivorship. Adding another person to your assets as a joint owner or "joint tenant with rights of survivorship" will allow your property to pass to them upon your death without going through probate. ... Beneficiary Designations. ... Revocable Living Trust.
Trusts: If the deceased had a trust, you will not need to go through probate. Trusts are created to allow the deceased's family and friends to inherit without having to go through the long and expensive probate process.
Spouses in North Dakota Inheritance Law Die intestate and leave behind a spouse but no children or parents, and your spouse inherits your entire estate. If you leave behind a spouse and children with that spouse (and your spouse has no other children), then your spouse will inherit your entire estate.
An informal appointment or a formal testacy or appointment proceeding may be commenced thereafter if no proceeding concerning the succession or estate administration has occurred within the three-year period after the decedent's death, but the personal representative has no right to possess estate assets as provided in ...
