Guardianships of Minor Children in District Court – Parent(s) Deceased

You may use these forms only if:

1. The minor child’s parent is deceased and:
   • There is no other living parent, OR
   • All other living parent’s parental rights have been terminated by court order; 

AND

2. The deceased parent left a will and that will is being probated as part of a North Dakota state district court probate case;

AND

3. The deceased parent’s will names a guardian (or guardians) for the minor child.

If you don't meet the requirements, see the North Dakota Juvenile Court Minor Guardianship Forms and Guides.

IMPORTANT: ND Legal Self Help Center staff and court employees aren't allowed to give legal advice and can't help you create legal documents or complete any forms. If you're unsure how to proceed, consult an attorney.

Instructions and Forms for Accepting the Nomination as Guardian in a Deceased Parent’s Will

Instructions and forms you'll need:

• Instructions for Accepting the Nomination as Guardian of a Minor Child
• Form 1: Guardian’s Acceptance of Appointment in a Will
• Form 1a: Confidential Information Form
• Form 1b: Powers and Duties of a Guardian of a Minor Child
• Form 2: Notice of Guardian’s Appointment by Will and Right to Object
• Form 2a: Affidavit of Service by Personal Delivery
• Form 2b: Affidavit of Service by Mail
• Form 3: Order Appointing a Guardian ad Litem
• Form 4: Affidavit of Guardian Appointed in a Will

Forms you may need for accepting the nomination as guardian:

• Form 5a: Order Approving Testamentary Appointment of Guardian (No in-court hearing held)
• Form 5b: Order Approving Testamentary Appointment of Guardian (In-court hearing held)
• Form 6: Letters of Guardianship of Minor

Form the Guardian ad Litem may use:

• Form 3a: Guardian ad Litem’s Report

Instructions and Forms for Declining (Rejecting) the Nomination as Guardian in a Deceased Parent’s Will

Instructions and forms you'll need:

• Instructions for Declining the Nomination as Guardian of a Minor Child
• Form 1b: Powers and Duties of a Guardian of a Minor Child
• Form 7: Decline Appointment as Guardian

Instructions and Form for Objecting to the Person Nominated as Guardian in a Deceased Parent’s Will

Instructions and form you'll need:

• Instructions for Objecting to the Person Nominated as Guardian of a Minor Child
• Form 8: Objection to Appointment of Guardian in a Will

If you don't understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn't liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.