This information is based on NMI law and is published on the NMI Judiciary website to give general public information, not legal advice. If you do not understand what information is needed to complete the probate forms or if you need specific answers about your situation, please consult with an attorney. To find an attorney, contact the CNMI Bar Association at (670) 789-4529.

Overview

The “Decedent” is the person who died.

The “Estate” includes the property of the decedent, or other person whose affairs are subject to the NMI law.

If the decedent died “testate,” the decedent died with a will.

If the decedent died “intestate,” the decedent died without a will.

An “Executor” or “Executrix” of the Estate is the person appointed by the Court who is responsible for executing the terms of the decedent’s will.

An “Administrator” or “Administratrix” of the Estate is the person appointed by the Court who is responsible for executing the Estate of the decedent who died intestate.

An “Heir” means a person who is entitled under the chapter on intestate succession (8 CMC 2901 et. Seq.) to the property of the decedent.

STEPS TO OPENING AND CLOSING A PROBATE COURT CASE

Testate (Will)

Step 1: Gathering Information

  1. Gather certificate of death, Decedent’s will, records and documents

  2. Identify Devisees

  3. Identify Heirs

  4. Identify Properties/Assets and Liabilities/Credits

Step 2: Filing the Petition

  1. File a Petition to Probate Will and Appoint of Executor and proposed order of Notice of Hearing and Notice to Creditors (See Rule 3 and 4 of the NMI Rules of Probate Procedure)

Step 3: Service and Publication of Notice of Hearing on Petition

  1.  When the petition is filed, the Clerk of Superior Court will set a hearing date, the petitioner shall serve the Notice of Hearing and Notice to Creditors with the Petition to known heirs, devisees listed in the will at least ten (10) days before the hearing; to any such persons known to be residing neither in the NMI nor Guam shall be served at least twenty-five (25) days before the hearing.

  2. The Petitioner shall cause the Notice of Hearing to be published in a newspaper in the Commonwealth at least once and at least five (5) days before the hearing.

  3. The Petitioner shall file with the Court a Proof of Service and Publication before the hearing date.

FORMS

  • Petition for Probate of Will and Appointment of Executor (testate)

  • Petition for Letters of Administration (intestate)

  • Determination of Heirs

  • (Proposed Order) Notice of Hearing and Notice to Creditors

  • Proof of Service and Publication

  • (Proposed Order) Order Appointing Executor / Order Appointing Administrator

  • Oath of Executor

  • Oath of Administrator

  • Inventory

  • Petition for Partial Distribution

  • Petition for Final Distribution

  • Administrator’s Deed

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Judiciary Administrative Office ǀ Guma Hustisia Iimwal Aweewe House of Justice
P.O. Box 502165 ǀ Saipan, MP 96950
Telephone: (670) 236-9800 ǀ Fax: (670) 236-9702 ǀ E-mail: court.info@nmijudiciary.com