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11-21 Public Administrator

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CHAPTER 11-21PUBLIC ADMINISTRATOR11-21-01. Public administrator - Appointment - Term of office. The presiding judgeof the judicial district in which a county is located may, after consultation with the judges of the<br>judicial district, appoint a public administrator for that county. A public administrator may be a<br>corporation or limited liability company. The initial appointments under this section may be made<br>upon completion of the terms of public administrators elected in 1984. The public administrator<br>shall hold office for four years and until a successor is appointed and qualified. The presiding<br>judge may appoint a single public administrator to serve more than one county within the district<br>court's jurisdiction.11-21-02.Bond of public administrator - Conditions.The bond of the publicadministrator shall run to the state of North Dakota for the benefit of any party who may be<br>damaged by a breach of the conditions thereof. Whether the bond is issued by the state bonding<br>fund or by a surety company, it shall guarantee that the public administrator will:1.Faithfully discharge all the duties of the office.2.Account annually to the judge of the district court for all estates and property under<br>the public administrator's official control and care, or whenever required so to do by<br>the judge.3.Turn over to the successor in office all property and estates in the public<br>administrator's official care and control, and truly account for the same.4.Turn over all property and estates in the public administrator's official care and<br>control to any other administrator, executor, or guardian designated by the judge of<br>the district court, and truly account for the same.5.Perform such other acts and duties properly relating to the office as may be ordered<br>by the district judge.The bond shall be approved and endorsed as provided for administrators and executors.11-21-03. Bond of public administrator may be increased - Annual statement. Thejudge of the district court shall require the public administrator to make a statement annually,<br>under oath, of the amount of property in the administrator's hands or under the administrator's<br>control as administrator, for the purpose of ascertaining the amount of bond necessary to secure<br>such property.The court, from time to time and as occasion may require, may demandadditional security from the administrator, and if the same is not furnished within twenty days<br>after such demand, may remove the public administrator and appoint another.11-21-04.Filing of bond and oath.The public administrator shall file theadministrator's oath and bond with the judge of the district court. The bond and oath must be<br>recorded at length in the record books of the court.11-21-05. Duties and powers of public administrator. The public administrator shallbe ex officio public special administrator, guardian, and conservator in and for the county and<br>shall take into the administrator's charge, without application to any appropriate court or special<br>appointment, the estates of all deceased persons, and the persons and estates of all minors, and<br>the estates or persons and estates of all incapacitated persons, in the following cases:1.When a person dies intestate in the county without relatives or known heirs.2.When a person dies testate and the executor named in the will is absent or fails to<br>qualify and there is no heir, legatee, or devisee available to act as personal<br>representative.Page No. 13.When an unknown person dies or is found dead in the county.4.When money, property, papers, or other estate is left in a situation exposed to loss<br>or damage, and no other person administers the estate.5.When any estate of any person who dies intestate in the county or elsewhere is left<br>in the county and is liable to be injured, wasted, or lost, and the intestate does not<br>leave a known spouse or heirs in this state.6.When a minor is under the age of fourteen years, the minor's parents are dead, and<br>the minor has no guardian or conservator.7.When any estate is left in the county belonging to a minor whose parents are dead,<br>or whose parents, if living, refuse or neglect to qualify as guardian or conservator, or<br>who, having qualified, have been removed as guardians or conservators, or from<br>any cause are incompetent to act as guardians or conservators, when such minor<br>has no one authorized by law to take care of and manage the minor's estate.8.When the estate or person and estate of an incapacitated person shall be left in the<br>county and there is no legal guardian or conservator for such incapacitated person<br>and no competent person who will qualify to take charge of such estate or to act as<br>guardian or conservator known to the court having jurisdiction.9.When for any other good cause, the court shall order the administrator to take<br>possession of an estate to prevent its being injured, wasted, stolen, or lost.11-21-06. May act as general and special administrator, guardian, and conservator.The public administrator shall have the same powers as are conferred upon special<br>administrators, guardians, and conservators, and shall be subject to the same duties, penalties,<br>provisions, and proceedings as are enjoined upon or authorized against special administrators,<br>guardians, and conservators by the laws of this state so far as the same may be applicable. The<br>public administrator may be appointed in proper cases as general administrator without giving<br>additional bond, except that the court may require additional security, and when so appointed,<br>the public administrator shall continue the administration until it is finally settled unless the public<br>administrator resigns, dies, is discharged in the ordinary course of law as the administrator, or is<br>removed for cause as public administrator or as administrator of such estate.11-21-07.Public administrator to prosecute necessary suits.The publicadministrator shall institute all manner of suits and prosecutions that may be necessary to<br>recover the property, debts, papers, or other estate of any deceased person or of any minor or<br>incapacitated person when such estate or person is in the administrator's charge or custody.11-21-08.Compensation of public administrator.The public administrator shallreceive the same compensation for services as is allowed by law to executors, administrators,<br>guardians, and conservators unless the court, for special reasons, allows a higher compensation.11-21-09. Public administrator not to charge attorney's fees - Penalty. A publicadministrator shall not charge a fee as an attorney in the administration of the estates of<br>decedents of which the public administrator shall be the administrator. Any person who shall<br>violate this section is guilty of an infraction.11-21-10. Public administrator to act as receiver in assignment for the benefit ofcreditors.When a person makes an assignment for the benefit of creditors, the publicadministrator, either on the administrator's own petition or on the petition of a creditor of the<br>assignor, shall be appointed receiver and shall administer the assignment in the place of the<br>assignee named therein.Page No. 211-21-11. Civil officers to inform public administrator as to property. All civil officersshall inform the public administrator of all property and estate known to them which is liable to<br>loss, waste, or injury and which, by law, ought to be in the hands of the public administrator.11-21-12. Giving notice on taking charge of estate - Penalty for failure. The publicadministrator, immediately upon taking charge of any estate except one over which the<br>administrator has taken charge under the order of the district court for the purpose of<br>administering the same, shall file in the office of the district court a notice that the administrator<br>has taken charge of the estate. If a public administrator fails to file the notice, the administrator<br>shall forfeit and pay to the persons entitled to the estate a sum not exceeding two hundred<br>dollars and the court may remove the public administrator from office. The forfeiture shall be<br>recovered before the district court on motion and after reasonable notice of the motion has been<br>given to the public administrator.11-21-13. Court may order public administrator to account to successors. Thedistrict court, at any time and for good cause shown, may order the public administrator to<br>account for and deliver all money, property, or papers belonging to an estate in the<br>administrator's hands, to the administrator's successor in office, to the heirs of the estate, or to<br>any personal representative or conservator regularly appointed as provided by law.11-21-14. Removal from office. The public administrator may be removed from officein the same manner and for the same reasons as other public officers may be removed except<br>that for the reasons specified in sections 11-21-03 and 11-21-12 a public administrator may be<br>removed summarily upon the motion of the judge of the district court.Page No. 3Document Outlinechapter 11-21 public administrator