North Dakota Department of Human Services v. Fisk

On Petition for Rehearing

KAPSNER, Justice.

[¶ 1] The Department of Human Services appeals from a probate court order declaring the estate of Mary Ann Fisk insolvent and discharging the personal representative upon payment to the Department of $29,565.70 on its claim against the estate. We withdraw the opinion filed April 6, 2010, see Estate of Fisk, 2010 ND 64, 780 N.W.2d 697, and issue this opinion in its stead. We conclude the district court did not abuse its discretion in approving the personal representative’s fees and the costs of administering the estate, but erred in ruling Mary Ann…