North Dakota Co-Personal Representatives: How Is the Fee Split?

North Dakota requires corepresentatives to act jointly by default — and that same joint-action structure shapes how compensation gets reasoned about when more than one person serves.

N.D.C.C. § 30.1-18-17, -18, -19 FigureMyTax Editorial Team

Quick answer: No, North Dakota corepresentatives don't each collect a separate full compensation amount by default. N.D.C.C. § 30.1-18-19 entitles "a personal representative" to reasonable compensation without a per-person formula, and North Dakota's corepresentative statutes require the group to act jointly on most decisions in the first place — a structural fact that would naturally inform how a court reasons about splitting compensation. Estimate the underlying illustrative range first with the North Dakota executor fee calculator.

Joint action required, unless the will says otherwise

N.D.C.C. § 30.1-18-17: "If two or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate." Exceptions exist for a corepresentative receiving and receipting for estate property, for emergency action when concurrence can't readily be obtained in time, and when a corepresentative has been delegated to act for the others.

What happens when one corepresentative stops serving

§ 30.1-18-18: "Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office." The remaining corepresentative or corepresentatives simply continue with full authority.

No per-person compensation formula

§ 30.1-18-19: the compensation language refers throughout to "a personal representative" and "the personal representative's services" — singular framing that doesn't specify how to handle multiple people serving in the role together. Combined with the joint-action requirement in § 30.1-18-17, this points toward compensation being reasoned about for the administration as a whole, allocated based on what each corepresentative actually contributed.

The review mechanism still applies

§ 30.1-18-21: the reasonableness of compensation determined for a personal representative's "own services" may be reviewed by the court after notice, petition, or motion — and any person found to have received excessive compensation may be ordered to refund it. With corepresentatives, that scrutiny would naturally extend to how the total compensation was divided between them.

Real coordination costs, especially with mandatory joint action

Because North Dakota requires corepresentatives to act jointly on most decisions by default, disagreements about pace, priorities, or how to divide tasks can slow administration more than in a state where a single personal representative acts alone. Delegating specific responsibilities to one corepresentative — a route the statute explicitly allows — can reduce friction while administration is underway.

Worked example

Two siblings serve as corepresentatives of a North Dakota estate worth $500,000. One handles the bulk of the administrative work; the other contributes occasionally but must still concur on major decisions. A sole personal representative doing all the work might reasonably take an illustrative 3% compensation, or $15,000.

CorepresentativeShare of workIllustrative compensation
Sibling A (primary administrator)80%$12,000
Sibling B (occasional support)20%$3,000

Illustrative only — North Dakota's statute doesn't specify how to split compensation between corepresentatives; each person's reasonable share reflects their own actual contribution, up to the combined illustrative $15,000 total.

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North Dakota co-personal representatives — frequently asked questions

Do North Dakota corepresentatives each collect a full, separate reasonable-compensation amount?

The statute has no per-person multiplier, so co-personal representatives would share a compensation determination shaped by what each actually did.

Must North Dakota corepresentatives act jointly on every decision?

Yes, by default, unless the will provides otherwise, with narrow exceptions for emergencies or delegation.

What happens to the powers of North Dakota corepresentatives if one of them stops serving?

The remaining corepresentative or corepresentatives may exercise all the powers, unless the will says otherwise.

Does the joint-action requirement affect how North Dakota courts might view compensation for co-personal representatives?

It could factor in indirectly, since a court might look at each person's actual role in the required joint decisions.

Do North Dakota co-personal representatives need a written agreement on how to split duties?

Not required by statute, but a clear understanding helps support each person's share if questioned.

Estimate for general guidance only, not legal advice. Based on N.D.C.C. § 30.1-18-17, § 30.1-18-18, § 30.1-18-19, and § 30.1-18-21. North Dakota has no statutory formula for dividing compensation among corepresentatives; the illustrative 80/20 split above is not a statutory rule. Consult a North Dakota probate attorney to resolve a specific dispute over compensation between corepresentatives.