N.D. Cent. Code § 30.1-11-01 — ND Code / Title 30.1 / Chapter 30.1-11 / Section 30.1-11-01
30.1-11-01. (2-515) Deposit of will in testator's lifetime
Status: in_force

30.1-11-01. (2-515) Deposit of will in testator's lifetime

A will may be deposited by the testator or the testator's agent with a recorder for

safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a

deposited will must be delivered only to the testator or to a person authorized in a writing signed

by the testator to receive the will. A conservator may be allowed to examine a deposited will of a

protected testator under procedures designed to maintain the confidential character of the

document to the extent possible, and to ensure that it will be resealed and kept on deposit after

the examination. Upon being informed of the testator's death, the recorder shall notify any

person designated to receive the will and deliver it to that person on request or the recorder may

deliver the will to the appropriate court. The recorder shall deliver the will to the appropriate

court on the written request of an interested person as defined in section 30.1-01-06. The

written request must contain the complete address of the appropriate court along with a copy of

the death certificate or obituary. The will must be either hand delivered upon acceptance from

the court if the appropriate court is in the same county or delivered by certified mail with a return

receipt if the appropriate court is in another county.
N.D. Cent. Code § 30.1-13-01 — ND Code / Title 30.1 / Chapter 30.1-13 / Section 30.1-13-01
30.1-13-01. (3-201) Venue for first and subsequent estate proceedings - Location of property
Status: in_force

30.1-13-01. (3-201) Venue for first and subsequent estate proceedings - Location of

property.

1. Venue for the first informal or formal testacy or appointment proceedings after a

decedent's death is:

a. In the county where the decedent was domiciled at the time of death.

b. If the decedent was not domiciled in this state, in any county where property of

the decedent was located at the time of death.

2. Venue for all subsequent proceedings within the exclusive jurisdiction of the court is in

the place where the initial proceeding occurred, unless the initial proceeding has been

transferred as provided in section 30.1-02-03 or subsection 3.

3. If the first proceeding was informal, on application of an interested person and after

notice to the proponent in the first proceeding, the court, upon finding that venue is

elsewhere, may transfer the proceeding and the file to the other court.

4. For the purpose of aiding determinations concerning location of assets which may be

relevant in cases involving nondomiciliaries, a debt, other than one evidenced by

investment or commercial paper or other instrument in favor of a nondomiciliary, is

located where the debtor resides, or, if the debtor is a person other than an individual,

at the place where it has its principal office. Commercial paper, investment paper, and

other instruments are located where the instrument is. An interest in property held in

trust is located where the trustee may be sued.
N.D. Cent. Code § 30.1-32.1-12 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-12
30.1-32.1-12. Liability for creditor claims and statutory allowances
Status: in_force

30.1-32.1-12. Liability for creditor claims and statutory allowances

1. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim

against the estate or a statutory allowance to a surviving spouse or child, the estate

may enforce the liability against property transferred at the transferor's death by a

transfer on death deed. The estate may not enforce the liability against a purchaser of

the property for value or a person that acquires an encumbrance in the property for

value from the person that received the property by a transfer on death deed.

2. If more than one property is transferred by one or more transfer on death deeds, the

liability under subsection 1 is apportioned among the properties in proportion to the net

values of the property at the transferor's death.

3. A proceeding to enforce the liability under this section may not be commenced later

than eighteen months after the transferor's death. Any proceeding to enforce the

liability as to property that has been purchased or encumbered for value must be

brought against the person that received the property by a transfer on death deed for

the net value at the time of the transferor's death.
N.D. Cent. Code § 30.1-31-30 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-30
30.1-31-30. (6-310) Terms, conditions, and forms for registration
Status: in_force

30.1-31-30. (6-310) Terms, conditions, and forms for registration

1. A registering entity offering to accept registrations in beneficiary form may establish the

terms and conditions under which it will receive requests for registrations in beneficiary

form and for implementation of registrations in beneficiary form, including requests for

cancellation of previously registered T.O.D. beneficiary designations and requests for

reregistration to effect a change of beneficiary. The terms and conditions so

established may provide for proving death, avoiding or resolving any problems

concerning fractional shares, designating primary and contingent beneficiaries, and

substituting a named beneficiary's descendants to take in the place of the named

beneficiary in the event of the beneficiary's death. Substitution may be indicated by

appending to the name of the primary beneficiary the letters L.D.P.S., standing for

"lineal descendants per stirpes". This designation substitutes a deceased beneficiary's

descendants who survive the owner for a beneficiary who fails to so survive, the

descendants to be identified and to share in accordance with the law of the

beneficiary's domicile at the owner's death governing inheritance by descendants of an

intestate. Other forms of identifying beneficiaries who are to take on one or more

contingencies, and rules for providing proofs and assurances needed to satisfy

reasonable concerns by registering entities regarding conditions and identities relevant

to accurate implementation of registrations in beneficiary form, may be contained in a

registering entity's terms and conditions.

2. The following are illustrations of registrations in beneficiary form which a registering

entity may authorize:

a. Sole owner - sole beneficiary: John S. Brown T.O.D. (or P.O.D.) John S. Brown Jr.

b. Multiple owners - sole beneficiary: John S. Brown Mary B. Brown JT. TEN. T.O.D.

John S. Brown Jr.

c. Multiple owners - primary and secondary (substituted) beneficiaries: John S.

Brown Mary B. Brown JT. TEN. T.O.D. John S. Brown Jr. SUB. BENE. Peter Q.

Brown or John S. Brown Mary B. Brown JT. TEN. T.O.D. John S. Brown Jr.

L.D.P.S.
N.D. Cent. Code § 30.1-26-01 — ND Code / Title 30.1 / Chapter 30.1-26 / Section 30.1-26-01
30.1-26-01. (5-101) Definitions and use of terms
Status: repealed

30.1-26-01. (5-101) Definitions and use of terms

Repealed by S.L. 2025, ch. 318, § 28.