Rule 11 Disposition of Claims

Response by Personal Representative. The personal representative shall admit, in whole or in part, or shall deny, each timely claim filed against the estate within 60 days after service of the claim upon the personal representative. Request for Hearing on Claim. If a timely claim is denied or not addressed, in whole or in part, the claimant shall be entitled to a hearing on the claim if the request is made within 30 days after service of notice of denial or 60 days have passed since the claim was served upon the personal representative and they have filed no response. Status of Claims. In any motion for distribution of any assets of the estate, the personal representative shall advise the court of the status of all claims.

Request for and Waiver of Notice Request for Notice. Any person may file a written request for notice of filings in a proceeding. The request shall state the name of the decedent and the nature of the person’s interest in the estate. Service of Request. If the court grants the request, the Clerk of Court shall serve a copy of the request on the petitioner, or, if a personal representative has been appointed, on the personal representative and on any other persons then entitled to receive filings in the proceeding. Service on Interested Party. Any person entitled to receive filings in a proceeding shall be served notice of all future filings in accordance with Rule 7. Waiver. Any person entitled to receive filings in a proceeding may, at any time, waive all notice of further filings by filing a written waiver with the court signed by the person granting the waiver or that person’s attorney.

Case Management; Time for Distribution Conference. After the personal representative has filed an inventory pursuant to Rule 9, the court shall promptly schedule a case management conference and order the personal representative and any other interested parties to appear and be prepared to discuss the following:

(1) Resolution of motions pending at the time of the conference;

(2) Filing of objections or further motions and the date by which such filings must be accomplished;

(3) Amendments to the petition;

(4) The likelihood that the case will require evidentiary hearings;

(5) A listing of any expert witnesses to be called by the parties and any limitations imposed by the court on the number of expert witnesses to testify;

(6) Whether discovery will be necessary;

(7) Whether the proceedings should be referred to alternative dispute resolution;

(8) Whether the decedent has any claims that may require the personal representative to institute a separate legal proceeding in order to collect money or property owed to the decedent; and

(9) An estimate of the date by which the personal representative will be ready for final distribution of the estate. Case Management Order. After the case management hearing, the court shall issue a case management order establishing a schedule for filings and hearings that the court deems necessary. The court may amend the case management order at the request of one or more interested parties or at the court’s discretion and serve notice of such amended orders pursuant to Rule 7. Time for Disposition of Probate Cases. Final distribution of probate cases must occur, if feasible, no later than one year, or if a federal estate tax return is required, no later than 18 months after the petition is filed under Rule 4. Continuances. The court may grant requests for continuance of a hearing date or any deadline established by the court for good cause only. The court has no obligation to grant any continuance solely based on a written stipulation. Sanctions for Noncompliance. The court may impose sanctions, including fines and removal of the personal representative, for failure to appear at a scheduled hearing or failure to comply with any filing schedule established by the court.

Appointment of Guardian 6 After a petition for probate of a will or for letters of administration has been filed with the court, the court may, pursuant to the NMI Rules of Guardianship Procedure, appoint a guardian for any heir or devisee who is a minor or who requires the appointment of a guardian due to insanity or incompetence.

Consolidation The court may consolidate probate actions pursuant to the NMI Rules of Civil Procedure.

Distribution Partial Distribution. The personal representative may, no later than 70 days after the inventory of the estate has been filed, move the court for a decree of partial distribution regarding uncontested parts of the estate. The motion must include:

(1) A list of property to be distributed;

(2) The proposed distribution;

(3) A statement under penalty of perjury verifying that the proposed distribution is uncontested and that there are no outstanding claims regarding the property to be distributed; and

(4) Other information that will assist the court in determining whether distribution should be made. Final Distribution. No sooner than 70 days from the appointment of the personal representative, and if the estate is ready to be closed, the personal representative shall move the court for a decree of final distribution. The motion must include:

(1) A summary as to the condition and status of the estate;

(2) A list of heirs and devisees and, if any heir or devisee is to be the recipient of interest in real property in the NMI, a statement of whether each heir or devisee to receive such interest is a person of Northern Marianas Descent;

(3) An accounting of property received, expenditures made, and receipts received during administration;

(4) A list of real and personal property to be distributed;

Rule 14 was previously Rules 25–27 in the 1996 version of these rules.

(5) A proposed distribution;

(6) Any requests for fees of the personal representative or for attorneys’ fees or costs; and

(7) Any other information that will assist the court in determining whether the proposed distribution should be made. Final Distribution Hearing. The court shall promptly schedule a hearing for the motion for final distribution. At the hearing, the court may make any orders necessary to distribute the estate and to conclude matters pertaining to the estate.

Discharge of Personal Representative A probate proceeding concludes once the court has entered a separate order discharging the personal representative. After the personal representative has complied with the provisions of the decree of final distribution, the personal representative shall move the court to be discharged as personal representative. The personal representative shall file, together with the motion for discharge, a receipt signed by each heir, devisee, or creditor who received property in connection with the final distribution. Any bond paid may be exonerated after the personal representative is discharged.

Costs and Attorneys’ Fees In all probate proceedings, the personal representative may recover reasonable costs from the estate for services rendered. If the court finds in favor of an interested person who objects to or files a claim in the proceedings, the court may allow the objector or claimant to recover costs, including reasonable attorneys’ fees, from the estate. If the court concludes that an objector or claimant made an objection or claim that was frivolous, made for an improper purpose, or resulted in an unreasonable expenditure of the estate, the court may order that objector or claimant to pay the personal representative’s costs, including reasonable attorneys’ fees. Any attorney representing the personal representative shall submit to the court, at least every six months, a report summarizing work begun or completed on behalf of the personal representative, unless that attorney states in a filing to the court made under penalty of perjury that the attorney will not request any fees in connection with the estate. The court may disallow or discount the fees of any attorney who unreasonably fails to file reports with the court as required under this rule. A request to approve payment of attorney’s fees and costs out of the estate must contain the following:

(1) A statement from the attorney or personal representative of any retainer paid to the attorney by the personal representative;

(2) A statement of costs paid by the attorney;

(3) A statement of the amount of any prior payment made to the attorney by the personal representative, any heir, or any devisee;

(4) An itemized contemporaneous billing showing the amount of time that the attorney spent on the matter, the hourly billing rate, and a computation showing the total amount due from the estate; and

(5) A statement by the attorney that the attorney’s hourly rate is within the normal rates charged by the attorney for other civil cases in the Commonwealth. Any person claiming costs from the estate shall submit a written claim to the court together with an itemized statement, made under penalty of perjury, stating the amount expended and an explanation for each expenditure. The person claiming costs shall cause the claim to be served on every person who is entitled to notice in the proceeding. The court may conduct a hearing prior to granting any claim for attorney’s fees and costs.

Summary Administration Petition. When a decedent’s estate consists solely of exempt property, as described in 8 CMC § 2601, or personal property subject to 8 CMC § 2501, any devisee or any person entitled to inherit such property may file a petition for summary administration. Contents. The petition for summary administration shall describe the decedent’s property and the nature of the petitioner’s interest, include all information required in 8 CMC § 2502, if applicable, and shall include a copy of the will, if one exists. Hearing. No later than five days after the petition is filed, the Clerk of Court shall schedule a petition hearing. The clerk shall schedule the hearing so that it occurs no later than 90 days after the petition was filed.

(1) Notice of Hearing; Publication. The petitioner shall cause notice of the hearing to be published and served in accordance with Rules 6 and 7. Distribution. If no objection by any interested party is made pursuant to Rule 6(d) or at the hearing, the court shall, within 30 days after the hearing, enter a decree of final distribution or order of transfer.

Forms The Supreme Court may maintain the Appendix of Forms and modify those forms at any time, without notice. Use of the forms in the Appendix is recommended but not required. If another document is used in place of a form, that document must clearly indicate what it purports to be and must state the information required by the corresponding form.