CHAPTER 30.1-21CLOSING ESTATES30.1-21-01.(3-1001) Formal proceedings terminating administration - Testate orintestate - Order of general protection.1.A personal representative or any interested person may petition for an order of<br>complete settlement of the estate. The personal representative may petition at any<br>time, and any other interested person may petition after one year from the<br>appointment of the original personal representative, except that no petition under<br>this section may be entertained until the time for presenting claims which arose prior<br>to the death of the decedent has expired. The petition may request the court to<br>determine testacy, if not previously determined, to consider the final account or<br>compel or approve an accounting and distribution, to construe any will or determine<br>heirs and adjudicate the final settlement and distribution of the estate. After notice to<br>all interested persons and hearing the court may enter an order or orders, on<br>appropriate conditions, determining the persons entitled to distribution of the estate,<br>and, as circumstances require, approving settlement and, after receiving satisfactory<br>evidence of payment of any estate tax due, directing or approving distribution of the<br>estate and discharging the personal representative from further claim or demand of<br>any interested person.2.If one or more heirs or devisees were omitted as parties in, or were not given notice<br>of, a previous formal testacy proceeding, the court, on proper petition for an order of<br>complete settlement of the estate under this section, and after notice to the omitted<br>or unnotified persons and other interested parties determined to be interested on the<br>assumption that the previous order concerning testacy is conclusive as to those<br>given notice of the earlier proceeding, may determine testacy as it affects the<br>omitted persons and confirm or alter the previous order of testacy as it affects all<br>interested persons as appropriate in the light of the new proofs. In the absence of<br>objection by an omitted or unnotified person, evidence received in the original<br>testacy proceeding shall constitute prima facie proof of due execution of any will<br>previously admitted to probate, or of the fact that the decedent left no valid will if the<br>prior proceedings determined this fact.30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Orderconstruing will without adjudicating testacy.A personal representative administering anestate under an informally probated will or any devisee under an informally probated will may<br>petition for an order of settlement of the estate which will not adjudicate the testacy status of the<br>decedent. The personal representative may petition at any time, and a devisee may petition after<br>one year, from the appointment of the original personal representative, except that no petition<br>under this section may be entertained until the time for presenting claims which arose prior to the<br>death of the decedent has expired. The petition may request the court to consider the final<br>account or compel or approve an accounting and distribution, to construe the will and adjudicate<br>final settlement and distribution of the estate.After notice to all devisees and the personalrepresentative and hearing, the court may enter an order or orders, on appropriate conditions,<br>determining the persons entitled to distribution of the estate under the will, and, as circumstances<br>require, approving settlement and directing or approving distribution of the estate and discharging<br>the personal representative from further claim or demand of any devisee who is a party to the<br>proceeding and those the devisee represents. If it appears that a part of the estate is intestate,<br>the proceedings shall be dismissed or amendments made to meet the provisions of section<br>30.1-21-01.30.1-21-03.(3-1003) Closing estates - By sworn statement of personalrepresentative.1.Unless prohibited by order of the court and except for estates being administered in<br>supervised administration proceedings, a personal representative may close anPage No. 1estate by filing with the court a verified statement stating that the personal<br>representative, or a prior personal representative whom the personal representative<br>has succeeded, has:a.Fully administered the estate of the decedent by making payment, settlement,<br>or other disposition of all claims that were presented, expenses of<br>administration, and estate, inheritance, and other death taxes, except as<br>specified in the statement, and by distributing the assets of the estate to the<br>persons entitled. If any claims remain undischarged, the statement must state<br>whether the personal representative has distributed the estate subject to<br>possible liability with the agreement of the distributees or the statement must<br>state in detail other arrangements that have been made to accommodate<br>outstanding liabilities.b.Sent a copy thereof to all distributees of the estate and to all creditors or other<br>claimants of whom the personal representative is aware whose claims are<br>neither paid nor barred and has furnished a full account in writing of the<br>personal representative's administration to the distributees whose interests are<br>affected thereby.If the personal representative has published and mailed notice to creditors as<br>provided by section 30.1-19-01, the personal representative may not file the verified<br>statement until three months after the date of the first publication and mailing.2.If no proceedings involving the personal representative are pending in the court one<br>year after the closing statement is filed, the appointment of the personal<br>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<br>close the estate, or as part of the supervised administration proceedings in<br>accordance with this chapter, within three years from the date of death of the<br>decedent, any devisee, heir, distributee, or claimant may petition the court, formally<br>or by any informal request, or the court on its own motion may order, that the<br>personal representative and the attorney employed by the personal representative<br>be required to show cause to the court why the estate has not been closed. The<br>court shall order the personal representative and the attorney employed by the<br>personal representative to show cause to the court at a hearing scheduled within<br>ninety days why the estate has not been closed. The court shall serve notice upon<br>all heirs, devisees, claimants, distributees, and beneficiaries of the estate of the<br>order to show cause, the date of the hearing, and of their right to participate in the<br>hearing proceedings.2.Within twenty days of receipt of the order to show cause, the personal representative<br>or the attorney employed by the personal representative shall provide the court with<br>a report containing a timeframe for the anticipated closure of the estate; a detailed<br>explanation as to why the estate has not been closed; and a detailed accounting of<br>all disbursements made by the estate, including specific information as to all fees<br>and other disbursements made to the personal representative, and to any attorney,<br>auditor, investment adviser, or other specialized agent or assistant employed to do<br>work for the estate.3.After the order to show cause hearing, the court shall issue an order establishing a<br>timetable for the closing of the estate based upon the information provided in the<br>report and the evidence provided during the hearing.The court may awardattorney's fees and costs in favor of a petitioner if the court finds that the personal<br>representative or the attorney employed by the personal representative has failed to<br>show cause why the estate has not been closed within three years from the date ofPage No. 2death of the decedent unless extended by the court. The court may file a complaint<br>with the disciplinary board against the attorney.30.1-21-04. (3-1004) Liability of distributees to claimants. After assets of an estatehave been distributed and subject to section 30.1-21-06, an undischarged claim, not barred, may<br>be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to<br>claimants for amounts received as exempt property, homestead or family allowances, or for<br>amounts in excess of the value of the distributee's distribution as of the time of distribution. As<br>between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim<br>had been satisfied in the course of administration. Any distributee who has failed to notify other<br>distributees of the demand made upon the distributee by the claimant in sufficient time to permit<br>them to join in any proceeding in which the claim was asserted against the distributee loses the<br>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<br>rights of successors and of creditors whose claims have not otherwise been barred against the<br>personal representative for breach of fiduciary duty are barred unless a proceeding to assert the<br>same is commenced within six months after the filing of the closing statement. The rights thus<br>barreddonotinclude 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<br>accounts of a personal representative or unless otherwise barred, the claim of any claimant to<br>recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of<br>a successor personal representative acting in their behalf, to recover property improperly<br>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<br>personal representative's sureties, or any successor of either, upon the filing of a verified<br>application showing, so far as is known by the applicant, that no action concerning the estate is<br>pending in any court, is entitled to receive a certificate from the court that the personal<br>representative appears to have fully administered the estate in question.The certificateevidences discharge of any lien on any property given to secure the obligation of the personal<br>representative in lieu of bond or any surety, but does not preclude action against the personal<br>representative or the surety.30.1-21-08. (3-1008) Subsequent administration - Fee. If other property of the estateis discovered after an estate has been settled and the personal representative discharged or after<br>one year after a closing statement has been filed, the court, upon petition of any interested<br>person and upon notice as it directs, may appoint the same or a successor personal<br>representative to administer the subsequently discovered estate. Any person filing a petition<br>under this section shall pay to the clerk of district court a filing fee as prescribed in section<br>27-05.2-03. If a new appointment is made, unless the court orders otherwise, the provisions of<br>this title apply as appropriate, but no claim previously barred may be asserted in the subsequent<br>administration.Page No. 3Document Outlinechapter 30.1-21 closing estates
CHAPTER 30.1-21CLOSING ESTATES30.1-21-01.(3-1001) Formal proceedings terminating administration - Testate orintestate - Order of general protection.1.A personal representative or any interested person may petition for an order of<br>complete settlement of the estate. The personal representative may petition at any<br>time, and any other interested person may petition after one year from the<br>appointment of the original personal representative, except that no petition under<br>this section may be entertained until the time for presenting claims which arose prior<br>to the death of the decedent has expired. The petition may request the court to<br>determine testacy, if not previously determined, to consider the final account or<br>compel or approve an accounting and distribution, to construe any will or determine<br>heirs and adjudicate the final settlement and distribution of the estate. After notice to<br>all interested persons and hearing the court may enter an order or orders, on<br>appropriate conditions, determining the persons entitled to distribution of the estate,<br>and, as circumstances require, approving settlement and, after receiving satisfactory<br>evidence of payment of any estate tax due, directing or approving distribution of the<br>estate and discharging the personal representative from further claim or demand of<br>any interested person.2.If one or more heirs or devisees were omitted as parties in, or were not given notice<br>of, a previous formal testacy proceeding, the court, on proper petition for an order of<br>complete settlement of the estate under this section, and after notice to the omitted<br>or unnotified persons and other interested parties determined to be interested on the<br>assumption that the previous order concerning testacy is conclusive as to those<br>given notice of the earlier proceeding, may determine testacy as it affects the<br>omitted persons and confirm or alter the previous order of testacy as it affects all<br>interested persons as appropriate in the light of the new proofs. In the absence of<br>objection by an omitted or unnotified person, evidence received in the original<br>testacy proceeding shall constitute prima facie proof of due execution of any will<br>previously admitted to probate, or of the fact that the decedent left no valid will if the<br>prior proceedings determined this fact.30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Orderconstruing will without adjudicating testacy.A personal representative administering anestate under an informally probated will or any devisee under an informally probated will may<br>petition for an order of settlement of the estate which will not adjudicate the testacy status of the<br>decedent. The personal representative may petition at any time, and a devisee may petition after<br>one year, from the appointment of the original personal representative, except that no petition<br>under this section may be entertained until the time for presenting claims which arose prior to the<br>death of the decedent has expired. The petition may request the court to consider the final<br>account or compel or approve an accounting and distribution, to construe the will and adjudicate<br>final settlement and distribution of the estate.After notice to all devisees and the personalrepresentative and hearing, the court may enter an order or orders, on appropriate conditions,<br>determining the persons entitled to distribution of the estate under the will, and, as circumstances<br>require, approving settlement and directing or approving distribution of the estate and discharging<br>the personal representative from further claim or demand of any devisee who is a party to the<br>proceeding and those the devisee represents. If it appears that a part of the estate is intestate,<br>the proceedings shall be dismissed or amendments made to meet the provisions of section<br>30.1-21-01.30.1-21-03.(3-1003) Closing estates - By sworn statement of personalrepresentative.1.Unless prohibited by order of the court and except for estates being administered in<br>supervised administration proceedings, a personal representative may close anPage No. 1estate by filing with the court a verified statement stating that the personal<br>representative, or a prior personal representative whom the personal representative<br>has succeeded, has:a.Fully administered the estate of the decedent by making payment, settlement,<br>or other disposition of all claims that were presented, expenses of<br>administration, and estate, inheritance, and other death taxes, except as<br>specified in the statement, and by distributing the assets of the estate to the<br>persons entitled. If any claims remain undischarged, the statement must state<br>whether the personal representative has distributed the estate subject to<br>possible liability with the agreement of the distributees or the statement must<br>state in detail other arrangements that have been made to accommodate<br>outstanding liabilities.b.Sent a copy thereof to all distributees of the estate and to all creditors or other<br>claimants of whom the personal representative is aware whose claims are<br>neither paid nor barred and has furnished a full account in writing of the<br>personal representative's administration to the distributees whose interests are<br>affected thereby.If the personal representative has published and mailed notice to creditors as<br>provided by section 30.1-19-01, the personal representative may not file the verified<br>statement until three months after the date of the first publication and mailing.2.If no proceedings involving the personal representative are pending in the court one<br>year after the closing statement is filed, the appointment of the personal<br>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<br>close the estate, or as part of the supervised administration proceedings in<br>accordance with this chapter, within three years from the date of death of the<br>decedent, any devisee, heir, distributee, or claimant may petition the court, formally<br>or by any informal request, or the court on its own motion may order, that the<br>personal representative and the attorney employed by the personal representative<br>be required to show cause to the court why the estate has not been closed. The<br>court shall order the personal representative and the attorney employed by the<br>personal representative to show cause to the court at a hearing scheduled within<br>ninety days why the estate has not been closed. The court shall serve notice upon<br>all heirs, devisees, claimants, distributees, and beneficiaries of the estate of the<br>order to show cause, the date of the hearing, and of their right to participate in the<br>hearing proceedings.2.Within twenty days of receipt of the order to show cause, the personal representative<br>or the attorney employed by the personal representative shall provide the court with<br>a report containing a timeframe for the anticipated closure of the estate; a detailed<br>explanation as to why the estate has not been closed; and a detailed accounting of<br>all disbursements made by the estate, including specific information as to all fees<br>and other disbursements made to the personal representative, and to any attorney,<br>auditor, investment adviser, or other specialized agent or assistant employed to do<br>work for the estate.3.After the order to show cause hearing, the court shall issue an order establishing a<br>timetable for the closing of the estate based upon the information provided in the<br>report and the evidence provided during the hearing.The court may awardattorney's fees and costs in favor of a petitioner if the court finds that the personal<br>representative or the attorney employed by the personal representative has failed to<br>show cause why the estate has not been closed within three years from the date ofPage No. 2death of the decedent unless extended by the court. The court may file a complaint<br>with the disciplinary board against the attorney.30.1-21-04. (3-1004) Liability of distributees to claimants. After assets of an estatehave been distributed and subject to section 30.1-21-06, an undischarged claim, not barred, may<br>be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to<br>claimants for amounts received as exempt property, homestead or family allowances, or for<br>amounts in excess of the value of the distributee's distribution as of the time of distribution. As<br>between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim<br>had been satisfied in the course of administration. Any distributee who has failed to notify other<br>distributees of the demand made upon the distributee by the claimant in sufficient time to permit<br>them to join in any proceeding in which the claim was asserted against the distributee loses the<br>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<br>rights of successors and of creditors whose claims have not otherwise been barred against the<br>personal representative for breach of fiduciary duty are barred unless a proceeding to assert the<br>same is commenced within six months after the filing of the closing statement. The rights thus<br>barreddonotinclude 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<br>accounts of a personal representative or unless otherwise barred, the claim of any claimant to<br>recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of<br>a successor personal representative acting in their behalf, to recover property improperly<br>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<br>personal representative's sureties, or any successor of either, upon the filing of a verified<br>application showing, so far as is known by the applicant, that no action concerning the estate is<br>pending in any court, is entitled to receive a certificate from the court that the personal<br>representative appears to have fully administered the estate in question.The certificateevidences discharge of any lien on any property given to secure the obligation of the personal<br>representative in lieu of bond or any surety, but does not preclude action against the personal<br>representative or the surety.30.1-21-08. (3-1008) Subsequent administration - Fee. If other property of the estateis discovered after an estate has been settled and the personal representative discharged or after<br>one year after a closing statement has been filed, the court, upon petition of any interested<br>person and upon notice as it directs, may appoint the same or a successor personal<br>representative to administer the subsequently discovered estate. Any person filing a petition<br>under this section shall pay to the clerk of district court a filing fee as prescribed in section<br>27-05.2-03. If a new appointment is made, unless the court orders otherwise, the provisions of<br>this title apply as appropriate, but no claim previously barred may be asserted in the subsequent<br>administration.Page No. 3Document Outlinechapter 30.1-21 closing estates
CHAPTER 30.1-21CLOSING ESTATES30.1-21-01.(3-1001) Formal proceedings terminating administration - Testate orintestate - Order of general protection.1.A personal representative or any interested person may petition for an order of<br>complete settlement of the estate. The personal representative may petition at any<br>time, and any other interested person may petition after one year from the<br>appointment of the original personal representative, except that no petition under<br>this section may be entertained until the time for presenting claims which arose prior<br>to the death of the decedent has expired. The petition may request the court to<br>determine testacy, if not previously determined, to consider the final account or<br>compel or approve an accounting and distribution, to construe any will or determine<br>heirs and adjudicate the final settlement and distribution of the estate. After notice to<br>all interested persons and hearing the court may enter an order or orders, on<br>appropriate conditions, determining the persons entitled to distribution of the estate,<br>and, as circumstances require, approving settlement and, after receiving satisfactory<br>evidence of payment of any estate tax due, directing or approving distribution of the<br>estate and discharging the personal representative from further claim or demand of<br>any interested person.2.If one or more heirs or devisees were omitted as parties in, or were not given notice<br>of, a previous formal testacy proceeding, the court, on proper petition for an order of<br>complete settlement of the estate under this section, and after notice to the omitted<br>or unnotified persons and other interested parties determined to be interested on the<br>assumption that the previous order concerning testacy is conclusive as to those<br>given notice of the earlier proceeding, may determine testacy as it affects the<br>omitted persons and confirm or alter the previous order of testacy as it affects all<br>interested persons as appropriate in the light of the new proofs. In the absence of<br>objection by an omitted or unnotified person, evidence received in the original<br>testacy proceeding shall constitute prima facie proof of due execution of any will<br>previously admitted to probate, or of the fact that the decedent left no valid will if the<br>prior proceedings determined this fact.30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Orderconstruing will without adjudicating testacy.A personal representative administering anestate under an informally probated will or any devisee under an informally probated will may<br>petition for an order of settlement of the estate which will not adjudicate the testacy status of the<br>decedent. The personal representative may petition at any time, and a devisee may petition after<br>one year, from the appointment of the original personal representative, except that no petition<br>under this section may be entertained until the time for presenting claims which arose prior to the<br>death of the decedent has expired. The petition may request the court to consider the final<br>account or compel or approve an accounting and distribution, to construe the will and adjudicate<br>final settlement and distribution of the estate.After notice to all devisees and the personalrepresentative and hearing, the court may enter an order or orders, on appropriate conditions,<br>determining the persons entitled to distribution of the estate under the will, and, as circumstances<br>require, approving settlement and directing or approving distribution of the estate and discharging<br>the personal representative from further claim or demand of any devisee who is a party to the<br>proceeding and those the devisee represents. If it appears that a part of the estate is intestate,<br>the proceedings shall be dismissed or amendments made to meet the provisions of section<br>30.1-21-01.30.1-21-03.(3-1003) Closing estates - By sworn statement of personalrepresentative.1.Unless prohibited by order of the court and except for estates being administered in<br>supervised administration proceedings, a personal representative may close anPage No. 1estate by filing with the court a verified statement stating that the personal<br>representative, or a prior personal representative whom the personal representative<br>has succeeded, has:a.Fully administered the estate of the decedent by making payment, settlement,<br>or other disposition of all claims that were presented, expenses of<br>administration, and estate, inheritance, and other death taxes, except as<br>specified in the statement, and by distributing the assets of the estate to the<br>persons entitled. If any claims remain undischarged, the statement must state<br>whether the personal representative has distributed the estate subject to<br>possible liability with the agreement of the distributees or the statement must<br>state in detail other arrangements that have been made to accommodate<br>outstanding liabilities.b.Sent a copy thereof to all distributees of the estate and to all creditors or other<br>claimants of whom the personal representative is aware whose claims are<br>neither paid nor barred and has furnished a full account in writing of the<br>personal representative's administration to the distributees whose interests are<br>affected thereby.If the personal representative has published and mailed notice to creditors as<br>provided by section 30.1-19-01, the personal representative may not file the verified<br>statement until three months after the date of the first publication and mailing.2.If no proceedings involving the personal representative are pending in the court one<br>year after the closing statement is filed, the appointment of the personal<br>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<br>close the estate, or as part of the supervised administration proceedings in<br>accordance with this chapter, within three years from the date of death of the<br>decedent, any devisee, heir, distributee, or claimant may petition the court, formally<br>or by any informal request, or the court on its own motion may order, that the<br>personal representative and the attorney employed by the personal representative<br>be required to show cause to the court why the estate has not been closed. The<br>court shall order the personal representative and the attorney employed by the<br>personal representative to show cause to the court at a hearing scheduled within<br>ninety days why the estate has not been closed. The court shall serve notice upon<br>all heirs, devisees, claimants, distributees, and beneficiaries of the estate of the<br>order to show cause, the date of the hearing, and of their right to participate in the<br>hearing proceedings.2.Within twenty days of receipt of the order to show cause, the personal representative<br>or the attorney employed by the personal representative shall provide the court with<br>a report containing a timeframe for the anticipated closure of the estate; a detailed<br>explanation as to why the estate has not been closed; and a detailed accounting of<br>all disbursements made by the estate, including specific information as to all fees<br>and other disbursements made to the personal representative, and to any attorney,<br>auditor, investment adviser, or other specialized agent or assistant employed to do<br>work for the estate.3.After the order to show cause hearing, the court shall issue an order establishing a<br>timetable for the closing of the estate based upon the information provided in the<br>report and the evidence provided during the hearing.The court may awardattorney's fees and costs in favor of a petitioner if the court finds that the personal<br>representative or the attorney employed by the personal representative has failed to<br>show cause why the estate has not been closed within three years from the date ofPage No. 2death of the decedent unless extended by the court. The court may file a complaint<br>with the disciplinary board against the attorney.30.1-21-04. (3-1004) Liability of distributees to claimants. After assets of an estatehave been distributed and subject to section 30.1-21-06, an undischarged claim, not barred, may<br>be prosecuted in a proceeding against one or more distributees. No distributee shall be liable to<br>claimants for amounts received as exempt property, homestead or family allowances, or for<br>amounts in excess of the value of the distributee's distribution as of the time of distribution. As<br>between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim<br>had been satisfied in the course of administration. Any distributee who has failed to notify other<br>distributees of the demand made upon the distributee by the claimant in sufficient time to permit<br>them to join in any proceeding in which the claim was asserted against the distributee loses the<br>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<br>rights of successors and of creditors whose claims have not otherwise been barred against the<br>personal representative for breach of fiduciary duty are barred unless a proceeding to assert the<br>same is commenced within six months after the filing of the closing statement. The rights thus<br>barreddonotinclude 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<br>accounts of a personal representative or unless otherwise barred, the claim of any claimant to<br>recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of<br>a successor personal representative acting in their behalf, to recover property improperly<br>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<br>personal representative's sureties, or any successor of either, upon the filing of a verified<br>application showing, so far as is known by the applicant, that no action concerning the estate is<br>pending in any court, is entitled to receive a certificate from the court that the personal<br>representative appears to have fully administered the estate in question.The certificateevidences discharge of any lien on any property given to secure the obligation of the personal<br>representative in lieu of bond or any surety, but does not preclude action against the personal<br>representative or the surety.30.1-21-08. (3-1008) Subsequent administration - Fee. If other property of the estateis discovered after an estate has been settled and the personal representative discharged or after<br>one year after a closing statement has been filed, the court, upon petition of any interested<br>person and upon notice as it directs, may appoint the same or a successor personal<br>representative to administer the subsequently discovered estate. Any person filing a petition<br>under this section shall pay to the clerk of district court a filing fee as prescribed in section<br>27-05.2-03. If a new appointment is made, unless the court orders otherwise, the provisions of<br>this title apply as appropriate, but no claim previously barred may be asserted in the subsequent<br>administration.Page No. 3Document Outlinechapter 30.1-21 closing estates
