How to Apply for Probate (MP)

MP Application Process

There are several steps you must take to obtain the court's permission to represent and manage a MP estate.

1. Probate Application: In the Northern Mariana Islands, if the estate will go through probate, submit a petition to the court: see application details ↧
   • The CNMI does not provide standardized forms for these petitions: see CNMI Superior Court Rules of Probate - Rule 5 for details on what must be in the petition.
   • If there is a will, but you do not have an associated "self-proving" affidavit as to its validity, it may simplify the process if you can attach a sworn statement from one of the original witnesses, attesting that the decedent signed the will and that all signatories were of sound mind and not under any duress (see CNMI Superior Court Rules of Probate - Rule 8).
   • If there is no will, or the will does not name you as first choice among executors (still living), it will be helpful to include a Renunciation of Right to Administer from anyone with equal or higher priority.
   • Save $$: If there is no will, or the will does not address the requirement for an executor bond, you may be able to avoid security costs and/or complications by attaching a bond waiver from each heir-at-law and anyone named in the will to inherit, stating who they are, that they approve of you as personal representative, and that they have no wish for an executor bond.
   • Attach an official copy of the death certificate and the original will (if there is one).
2. Notice of Probate: In the Northern Mariana Islands, if the estate will undergo probate, you must provide advance notice of the petition hearing to anyone who will inherit from the estate. Once a prospective executor files a petition for probate, the court clerk will schedule a hearing for the petition. Within 14 days of this hearing being scheduled, the prospective executor must:
   • Publish a Notice of Hearing in a newspaper published in the Commonwealth (note that this publication also serves to notify creditors; see also Task: Publish notice of death)
   • Provide copies of this notice to anyone who will inherit according to the will, and to all heirs-at-law (people who would inherit if there were no will)
   Before the hearing, the prospective executor must file proof of publication and of individual notification with the court. See CNMI Superior Court Rules of Probate - Rule 6.
3. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
4. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
5. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
6. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in MP for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).