N.D. Cent. Code § 30.1-31-22 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-22
30.1-31-22. (6-302) Registration in beneficiary form - Sole or joint tenancy ownership
Status: in_force

30.1-31-22. (6-302) Registration in beneficiary form - Sole or joint tenancy ownership

Only individuals whose registration of a security shows sole ownership by one individual or

multiple ownership by two or more with right of survivorship, rather than as tenants in common,

may obtain registration in beneficiary form. Multiple owners of a security registered in

beneficiary form hold as joint tenants with right of survivorship, as tenants by the entireties, or

as owners of community property held in survivorship form, and not as tenants in common.
N.D. Cent. Code § 30.1-31-10 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-10
30.1-31-10. (6-213) Alteration of rights
Status: in_force

30.1-31-10. (6-213) Alteration of rights

1. Rights at death under section 30.1-31-09 are determined by the terms of the account

at the death of a party. The terms of the account may be altered by written notice given

by a party to the financial institution to change the terms of the account or to stop or

vary payment under the terms of the account. The notice must be signed by a party

and received by the financial institution during the party's lifetime.

2. A right of survivorship arising from the express terms of the account, section

30.1-31-09, or a P.O.D. designation, may not be altered by will.
N.D. Cent. Code § 30.1-05-07 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-07
30.1-05-07. (2-213) Waiver of right to elect and of other rights
Status: repealed

30.1-05-07. (2-213) Waiver of right to elect and of other rights

Repealed by S.L. 2013, ch. 121, § 2.
N.D. Cent. Code § 30.1-06-01 — ND Code / Title 30.1 / Chapter 30.1-06 / Section 30.1-06-01
30.1-06-01. (2-301) Entitlement of spouse - Premarital will
Status: in_force

30.1-06-01. (2-301) Entitlement of spouse - Premarital will

1. If the testator's surviving spouse married the testator after the testator executed a will,

the surviving spouse is entitled to receive, as an intestate share, no less than the value

of the share of the estate the surviving spouse would have received if the testator had

died intestate as to that portion of the testator's estate, if any, that neither is devised to

a child of the testator who was born before the testator married the surviving spouse

and who is not a child of the surviving spouse nor is devised to a descendant of such a

child or passes under section 30.1-09-05 or 30.1-09-06 to such a child or to a

descendant of such a child, unless:

a. It appears from the will or other evidence that the will was made in contemplation

of the testator's marriage to the surviving spouse;

b. The will expresses the intention that it is to be effective notwithstanding any

subsequent marriage; or

c. The testator provided for the spouse by transfer outside the will and the intent

that the transfer be in lieu of a testamentary provision is shown by the testator's

statements or is reasonably inferred from the amount of the transfer or other

evidence.

2. In satisfying the share provided by this section, devises made by the will to the

testator's surviving spouse, if any, are applied first, and other devises, other than a

devise to a child of the testator who was born before the testator married the surviving

spouse and who is not a child of the surviving spouse or a devise or substitute gift

under section 30.1-09-05 or 30.1-09-06 to a descendant of such a child, abate as

provided in section 30.1-20-02.
N.D. Cent. Code § 30.1-35-01 — ND Code / Title 30.1 / Chapter 30.1-35 / Section 30.1-35-01
30.1-35-01. Time of taking effect - Provisions for transition
Status: in_force

30.1-35-01. Time of taking effect - Provisions for transition

1. This title takes effect on July 1, 1975.

2. Except as provided elsewhere in this title, on the effective date of this title or any

amendment to this title:

a. The title or amendment applies to any wills of decedents dying thereafter. No

provision of this title, however, shall be effective to invalidate any will executed

prior to July 1, 1975, when that will would be valid under the laws of this state in

effect at the time of its execution.

b. The title or amendment applies to any proceedings in court then pending or

thereafter commenced regardless of the time of the death of decedent except to

the extent that in the opinion of the court the former procedure should be made

applicable in a particular case in the interest of justice or because of infeasibility

of application of the procedure of this title.

c. Every personal representative, including a person administering an estate of a

minor or incompetent holding an appointment on that date, continues to hold the

appointment but has only the powers conferred by this title or the amendment

and is subject to the duties imposed with respect to any act occurring or done

thereafter.

d. An act done before the effective date in any proceeding and any accrued right is

not impaired by this title or the amendment. If a right is acquired, extinguished, or

barred upon the expiration of a prescribed period of time which has commenced

to run by the provisions of any statute before the effective date, the provisions

shall remain in force with respect to that right.

e. Any rule of construction or presumption provided in this title or the amendment

applies to instruments executed and multiple-party accounts opened before the

effective date unless there is a clear indication of a contrary intent.

f. A person holding office as judge of the court on the effective date of this title may

continue the office of judge of this court and may be selected for additional terms

after the effective date of this title.
N.D. Cent. Code § 30.1-28-16 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-16
30.1-28-16. Court-authorized involuntary treatment with prescribed medication
Status: in_force

30.1-28-16. Court-authorized involuntary treatment with prescribed medication

1. A guardian, upon notice and hearing, may request authorization from the court to

consent to a ward to be treated with prescribed mood stabilizer or antipsychotic

medication. The petition may be considered by the court in the initial procedure for

court appointment of a guardian or at a separate involuntary treatment hearing

pursuant to section 30.1-28-17. Upon filing a petition, the court shall set a hearing date

on the issues and appoint an attorney guardian ad litem for the ward.

2. The guardian, as part of the petition, shall provide a report from the treatment expert

examiner, treating physician, physician assistant, clinical nurse specialist, or advanced

practice registered nurse which must certify:

a. The ward is a person requiring treatment;

b. The proposed prescribed mood stabilizer or antipsychotic medication is clinically

appropriate and necessary to effectively treat the ward;

c. The ward was offered the treatment and refused;

d. The prescribed mood stabilizer or antipsychotic medication is the least restrictive

form of intervention necessary to meet the treatment needs of the ward; and

e. The benefits of the treatment outweigh the known risks to the ward.

3. Evidence of the factors certified under subsection 2 may be presented to the court

within the petition, during the initial hearing for court appointment of a guardian under

section 30.1-28-03, or at a separate involuntary treatment hearing under section
N.D. Cent. Code § 30.1-05-05 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-05
30.1-05-05. (2-211) Proceeding for elective share - Time limit
Status: in_force

30.1-05-05. If the election is not exercised by the surviving spouse personally, it may

be exercised on the surviving spouse's behalf by the surviving spouse's conservator,

guardian, or agent under the authority of a power of attorney.

2. If the election is exercised on behalf of a surviving spouse who is an incapacitated

person, the court shall set aside that portion of the elective-share and supplemental

elective-share amounts due from the decedent's probate estate and recipients of the

decedent's nonprobate transfers to others under subsections 2 and 3 of section

30.1-05-03 and shall appoint a trustee to administer that property for the support of the

surviving spouse. For the purposes of this subsection, an election on behalf of a

surviving spouse by an agent under a durable power of attorney is presumed to be on

behalf of a surviving spouse who is an incapacitated person. The trustee shall

administer the trust in accordance with the following terms and any additional terms as

the court determines appropriate:

a. Expenditures of income and principal may be made in the manner, when, and to

the extent that the trustee determines suitable and proper for the surviving

spouse's support, without court order but with regard to other support, income,

and property of the surviving spouse exclusive of benefits of medical or other

forms of assistance from any state or federal government or governmental

agency for which the surviving spouse must qualify on the basis of need.

b. During the surviving spouse's incapacity, neither the surviving spouse nor anyone

acting on behalf of the surviving spouse has a power to terminate the trust; but if

the surviving spouse regains capacity, the surviving spouse then acquires the

power to terminate the trust and acquire full ownership of the trust property free of

trust, by delivering to the trustee a writing signed by the surviving spouse

declaring the termination.

c. Upon the surviving spouse's death, the trustee shall transfer the unexpended

trust property in the following order: under the residuary clause, if any, of the will

of the predeceased spouse against whom the elective share was taken, as if that

predeceased spouse died immediately after the surviving spouse; or to that

predeceased spouse's heirs under section 30.1-09.1-11.
N.D. Cent. Code § 30.1-20-13 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-13
30.1-20-13. (3-913) Distributions to trustee
Status: in_force

30.1-20-13. (3-913) Distributions to trustee

1. Before distributing to a trustee, the personal representative may require that the trust

be registered if the state in which it is to be administered provides for registration and

that the trustee inform the beneficiaries.

2. If the trust instrument does not excuse the trustee from giving bond, the personal

representative may petition the appropriate court to require that the trustee post bond

if the personal representative apprehends that distribution might jeopardize the

interests of persons who are not able to protect themselves, and the personal

representative may withhold distribution until the court has acted.

3. No inference of negligence on the part of the personal representative shall be drawn

from the personal representative's failure to exercise the authority conferred by

subsections 1 and 2.
N.D. Cent. Code § 30.1-20-16 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-16
30.1-20-16. (3-916) Apportionment of estate taxes
Status: in_force

30.1-20-16. (3-916) Apportionment of estate taxes

1. For purposes of this section:

a. "Estate" means the gross estate of a decedent as determined for the purpose of

federal estate tax and the estate tax payable to this state.

b. "Fiduciary" means personal representative or trustee.

c. "Person" means any individual, partnership, association, joint stock company,

corporation, limited liability company, government, political subdivision,

governmental agency, or local governmental agency.

d. "Person interested in the estate" means any person entitled to receive, or who

has received, from a decedent or by reason of the death of a decedent any

property or interest therein included in the decedent's estate. It includes a

personal representative, conservator, and trustee.

e. "State" means any state, territory, or possession of the United States, the District

of Columbia, and the Commonwealth of Puerto Rico.

f. "Tax" means the federal estate tax and the additional estate tax imposed by

chapter 57-37.1 and interest and penalties imposed in addition to the tax.

2. Unless the will otherwise provides, the tax shall be apportioned among all persons

interested in the estate. The apportionment is to be made in the proportion that the

value of the interest of each person interested in the estate bears to the total value of

the interests of all persons interested in the estate. The values used in determining the

tax are to be used for that purpose. If the decedent's will directs a method of

apportionment of tax different from the method described in this title, the method

described in the will controls.

3. a. The court in which venue lies for the administration of the estate of a decedent on

petition for the purpose may determine the apportionment of the tax.

b. If the court finds that it is inequitable to apportion interest and penalties in the

manner provided in subsection 2 because of special circumstances, it may direct

apportionment thereof in the manner it finds equitable.

c. If the court finds that the assessment of penalties and interest assessed in

relation to the tax is due to delay caused by the negligence of the fiduciary, the

court may charge the fiduciary with the amount of the assessed penalties and

interest.

d. In any action to recover, from any person interested in the estate, the amount of

the tax apportioned to the person in accordance with this title, the determination

of the court in respect thereto shall be prima facie correct.

4. a. The personal representative or other person in possession of the property of the

decedent required to pay the tax may withhold from any property distributable to

any person interested in the estate, upon its distribution to the person, the

amount of tax attributable to the person's interest. If the property in possession of

the personal representative or other person required to pay the tax and

distributable to any person interested in the estate is insufficient to satisfy the

proportionate amount of the tax determined to be due from the person, the

personal representative or other person required to pay the tax may recover the

deficiency from the person interested in the estate. If the property is not in the

possession of the personal representative or the other person required to pay the

tax, the personal representative or the other person required to pay the tax may

recover from any person interested in the estate the amount of the tax

apportioned to the person in accordance with this title.

b. If property held by the personal representative is distributed prior to final

apportionment of the tax, the distributee shall provide a bond or other security for

the apportionment liability in the form and amount prescribed by the personal

representative.

5. a. In making an apportionment, allowances shall be made for any exemptions

granted, any classification made of persons interested in the estate, and for any

deductions and credits allowed by the law imposing the tax.

b. Any exemption or deduction allowed by reason of the relationship of any person

to the decedent or by reason of the purposes of the gift inures to the benefit of the

person bearing such relationship or receiving the gift but, if an interest is subject

to a prior present interest which is not allowable as a deduction, the tax

apportionable against the present interest shall be paid from principal.

c. Any deduction for property previously taxed and any credit for gift taxes or death

taxes of a foreign country paid by the decedent or the decedent's estate inures to

the proportionate benefit of all persons liable to apportionment.

d. Any credit for inheritance, succession, or estate taxes, or taxes in the nature

thereof applicable to property or interests includable in the estate, inures to the

benefit of the persons or interests chargeable with the payment thereof to the

extent proportionately that the credit reduces the tax.

e. To the extent that property passing to or in trust for a surviving spouse or any

charitable, public, or similar gift or devisee is not an allowable deduction for

purposes of the tax solely by reason of an inheritance tax or other death tax

imposed upon and deductible from the property, the property is not included in

the computation provided for in subsection 2, and to that extent no apportionment

is made against the property. The sentence immediately preceding does not

apply to any case if the result would be to deprive the estate of a deduction

otherwise allowable under section 2053(d) of the United States Internal Revenue

Code of 1954, as amended, relating to deduction for state death taxes on

transfers for public, charitable, or religious uses.

6. No interest in income and no estate for years or for life or other temporary interest in

any property or fund is subject to apportionment as between the temporary interest

and the remainder. The tax on the temporary interest and the tax, if any, on the

remainder is chargeable against the corpus of the property or funds subject to the

temporary interest and remainder.

7. Neither the personal representative nor other person required to pay the tax is under

any duty to institute any action to recover from any person interested in the estate the

amount of the tax apportioned to the person until the expiration of the three months

next following final determination of the tax. A personal representative or other person

required to pay the tax who institutes the action within a reasonable time after the

three months' period is not subject to any liability or surcharge because any portion of

the tax apportioned to any person interested in the estate was collectible at a time

following the death of the decedent but thereafter became uncollectible. If the personal

representative or other person required to pay the tax cannot collect from any person

interested in the estate the amount of the tax apportioned to the person, the amount

not recoverable shall be equitably apportioned among the other persons interested in

the estate who are subject to apportionment.

8. A personal representative acting in another state or a person required to pay the tax

domiciled in another state may institute an action in the courts of this state and may

recover a proportionate amount of the federal estate tax, of an estate tax payable to

another state, or of a death duty due by a decedent's estate to another state from a

person interested in the estate who is either domiciled in this state or who owns

property in this state subject to attachment or execution. For the purposes of the

action, the determination of apportionment by the court having jurisdiction of the

administration of the decedent's estate in the other state is prima facie correct.
N.D. Cent. Code § 30.1-12-03 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-03
30.1-12-03. (3-103) Necessity of appointment for administration
Status: in_force

30.1-12-03. (3-103) Necessity of appointment for administration

Except as otherwise provided in chapters 30.1-24 and 30.1-25, to acquire the powers and

undertake the duties and liabilities of a personal representative of a decedent, a person must be

appointed by order of the court, qualify, and be issued letters. Administration of an estate is

commenced by the issuance of letters.
N.D. Cent. Code § 30.1-14-09 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-09
30.1-14-09. (3-309) Informal appointment proceedings - Court not satisfied
Status: in_force

30.1-14-09. (3-309) Informal appointment proceedings - Court not satisfied

If the court is not satisfied that a requested informal appointment of a personal

representative should be made because of failure to meet the requirements of sections

30.1-14-07 and 30.1-14-08, or for any other reason, it may decline the application. A declination

of informal appointment is not an adjudication and does not preclude appointment in formal

proceedings.
N.D. Cent. Code § 30.1-01-06 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-06
30.1-01-06. (1-201) General definitions
Status: in_force

30.1-01-06. (1-201) General definitions

Subject to additional definitions contained in the subsequent chapters which are applicable

to specific chapters, and unless the context otherwise requires, in this title:

1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney,

an individual authorized to make decisions concerning another's health care, and an

individual authorized to make decisions for another under a natural death act.

2. "Alternative resource plan" means an alternative plan to guardianship which uses

available support services and arrangements acceptable to the alleged incapacitated

person. The term includes the use of support services such as visiting nurses,

homemakers, home health aides, personal care attendants, adult day care, home and

community-based care, human service zones, developmental disability services,

powers of attorney, durable powers of attorney, health care directives, supported

decisionmaking, representative and protective payees, and licensed congregate care

facilities.

3. "Application" means a written request to the court for an order of informal probate or

appointment under chapter 30.1-14.

4. "Augmented estate" means the estate described in section 30.1-05-02.

5. "Beneficiary", as it relates to a trust beneficiary, includes a person who has any

present or future interest, vested or contingent, and also includes the owner of an

interest by assignment or other transfer; as it relates to a charitable trust, includes any

person entitled to enforce the trust; as it relates to a beneficiary of a beneficiary

designation, refers to a beneficiary of an account with a payable on death designation,

of a security registered in beneficiary form transferable on death, or other nonprobate

transfer at death; and, as it relates to a "beneficiary designated in a governing

instrument", includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary

of a beneficiary designation, a donee, or a person in whose favor a power of attorney

or a power held in any individual, fiduciary, or representative capacity is exercised.

6. "Beneficiary designation" refers to a governing instrument naming a beneficiary of an

account with payable on death designation, of a security registered in beneficiary form

transferable on death, or other nonprobate transfer at death.

7. "Child" includes an individual entitled to take as a child under this title by intestate

succession from the parent whose relationship is involved and excludes a person who

is only a stepchild, a foster child, a grandchild, or any more remote descendant.

8. "Claims", in respect to estates of decedents and protected persons, includes liabilities

of the decedent or protected person whether arising in contract, in tort, or otherwise,

and liabilities of the estate which arise at or after the death of the decedent or after the

appointment of a conservator, including funeral expenses and expenses of

administration. The term does not include estate or inheritance taxes or demands or

disputes regarding title of a decedent or protected person to specific assets alleged to

be included in the estate.

9. "Conservator" means a person who is appointed by a court to manage the estate of a

protected person, and includes limited conservators as defined in this section.

10. "Court" means the court having jurisdiction in matters relating to the affairs of

decedents.

11. "Descendant" of an individual means all descendants of all generations, with the

relationship of parent and child at each generation being determined by the definition

of child and parent contained in this title.

12. "Devise", when used as a noun, means a testamentary disposition of real or personal

property, and when used as a verb, means to dispose of real or personal property by

will.

13. "Devisee" means a person designated in a will to receive a devise. In the case of a

devise to an existing trust or trustee, or to a trustee or trust described by will, the trust

or trustee is the devisee and the beneficiaries are not devisees.

14. "Disability" means cause for a protective order as described in section 30.1-29-01.

15. "Distributee" means any person who has received property of a decedent from the

decedent's personal representative other than as a creditor or purchaser. A

testamentary trustee is a distributee only to the extent of distributed assets or

increment thereto remaining in the trustee's hands. A beneficiary of a testamentary

trust to whom the trustee has distributed property received from a personal

representative is a distributee of the personal representative. For the purposes of this

provision, "testamentary trustee" includes a trustee to whom assets are transferred by

will to the extent of the devised assets.

16. "Estate" includes the property of the decedent, trust, or other person whose affairs are

subject to this title as originally constituted and as it exists from time to time during

administration.

17. "Exempt property" means that property of a decedent's estate which is described in

section 30.1-07-01.

18. "Expert examiner" means:

a. A licensed physician;

b. A psychiatrist;

c. A licensed psychologist trained in a clinical program;

d. An advanced practice registered nurse who is licensed under chapter 43-12.1

within the role of a certified nurse practitioner or certified clinical nurse specialist,

who has completed the requirements for a minimum of a master's degree from an

accredited program, and who is functioning within the scope of practice in one of

the population foci as approved by the state board of nursing; or

e. A physician assistant who is licensed under chapter 43-17 and authorized by the

state board of medical examiners to practice in this state.

19. "Fiduciary" includes a personal representative, guardian, conservator, and trustee.

20. "Foreign personal representative" means a personal representative appointed by

another jurisdiction.

21. "Formal proceedings" means proceedings conducted before a judge with notice to

interested persons.

22. "Governing instrument" means a deed, will, trust, insurance or annuity policy, account

with payable on death designation, security registered in beneficiary form transferable

on death, pension, profit-sharing, retirement, or similar benefit plan, instrument

creating or exercising a power of appointment or a power of attorney, or a dispositive,

appointive, or nominative instrument of any similar type.

23. "Guardian" means a person who or nonprofit corporation that has qualified as a

guardian of a minor or incapacitated person pursuant to testamentary or court

appointment, and includes limited guardians as defined in this section, but excludes

one who is merely a guardian ad litem.

24. "Heirs", except as controlled by section 30.1-09.1-11, means persons, including the

surviving spouse and the state, who are entitled under the statutes of intestate

succession to the property of a decedent.

25. "Incapacitated person" means any adult individual who is impaired by reason of mental

illness, mental deficiency, physical illness or disability, or chemical dependency to the

extent that the individual lacks capacity to make or communicate responsible decisions

concerning the individual's matters of residence, education, medical treatment, legal

affairs, vocation, finance, or other matters, or if the incapacity endangers the

individual's health or safety.

26. "Informal proceedings" means those conducted by the court for probate of a will or

appointment of a personal representative without notice to interested persons.

27. "Interested person" includes:

a. Except as provided under section b:

(1) Heirs and devisees;

(2) Children;

(3) Spouses:

(4) Creditors;

(5) Beneficiaries;

(6) Any individual having a property right in or claim against a trust estate or the

estate of a decedent, ward, or protected person;

(7) Person having priority for appointment as personal representative; and

(8) Other fiduciaries representing interested persons.

b. For purposes of guardianships and conservatorships:

(1) The petitioner for appointment of the guardian;

(2) The spouse, parent, adult children, or siblings of the ward, protected person,

or an adult relative if a spouse, parent, adult child, sibling, or protected

person cannot be found;

(3) An adult individual who has lived with a ward or a protected person for a

period of more than six months;

(4) An attorney for the ward or protected person;

(5) A representative payee for the ward or protected person; and

(6) Any other person designated by the court.

The meaning as it relates to particular persons may vary from time to time and must

be determined according to the particular purposes of, and matter involved in, any

proceeding.

28. "Issue" of an individual means descendant as defined in subsection 11.

29. "Joint tenants with the right of survivorship" and "community property with the right of

survivorship" includes co-owners of property held under circumstances that entitle one

or more to the whole of the property on the death of the other or others, but excludes

forms of co-ownership registration in which the underlying ownership of each party is

in proportion to that party's contribution.

30. "Lease" includes an oil, gas, or other mineral lease.

31. "Least restrictive form of intervention" includes only the limitations necessary to

provide the needed care and services for a guardianship, and the ward must enjoy the

greatest amount of personal freedom and civil liberties consistent with the ward's

mental and physical limitations.

32. "Letters" includes letters testamentary, letters of guardianship, letters of administration,

and letters of conservatorship.

33. "Limited conservator" means a person or nonprofit corporation, appointed by the court,

to manage only those financial resources specifically enumerated by the court for the

person with limited capacity and includes limited conservators as described by section

30.1-29-20.

34. "Limited guardian" means a person or nonprofit corporation, appointed by the court, to

supervise certain specified aspects of the care of a person with limited capacity and

includes limited guardians as described by section 30.1-28-04.

35. "Minor" means a person who is under eighteen years of age.

36. "Mortgage" means any conveyance, agreement, or arrangement in which property is

encumbered or used as security.

37. "Nonresident decedent" means a decedent who was domiciled in another jurisdiction

at the time of death.

38. "Organization" means a corporation, limited liability company, government or

governmental subdivision or agency, business trust, estate, trust, partnership, joint

venture, association, or any other legal or commercial entity.

39. "Parent" includes any individual entitled to take, or who would be entitled to take if the

child died without a will, as a parent under this title, by intestate succession from the

child whose relationship is in question and excludes any person who is only a

stepparent, foster parent, or grandparent.

40. "Payer" means a trustee, insurer, business entity, employer, government,

governmental agency or subdivision, or any other person authorized or obligated by

law or a governing instrument to make payments.

41. "Person" means an individual, a corporation, a limited liability company, an

organization, or other legal entity.

42. "Personal representative" includes executor, administrator, successor personal

representative, special administrator, and persons who perform substantially the same

function under the law governing their status. "General personal representative"

excludes special administrator.

43. "Petition" means a written request to the court for an order after notice.

44. "Proceeding" includes action at law and suit in equity.

45. "Property" includes both real and personal property or any interest therein and means

anything that may be the subject of ownership.

46. "Protected person" means a minor or other individual for whom a conservator or

limited conservator has been appointed, or other protective order has been made.

47. "Protective proceeding" means a proceeding under section 30.1-29-01 to determine

that an individual cannot effectively manage or apply the individual's estate to

necessary ends, either because the individual lacks the ability or is otherwise

inconvenienced, or because the individual is a minor, and to secure administration of

the individual's estate by a conservator or other appropriate relief.

48. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

49. "Refusal" means declining to accept prescribed mood stabilizer or antipsychotic

medication by a clear and unequivocal response.

50. "Security" includes any note, stock, treasury stock, bond, debenture, membership

interest in a limited liability company, evidence of indebtedness, certificate of interest

or participation in an oil, gas, or mining title or lease or in payments out of production

under such a title or lease, collateral trust certificate, transferable share, voting trust

certificate or, in general, any interest or instrument commonly known as a security, or

any certificate of interest or participation, any temporary or interim certificate, receipt,

or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of

the foregoing.

51. "Settlement", in reference to a decedent's estate, includes the full process of

administration, distribution, and closing.

52. "Sign" means, with present intent to authenticate or adopt a record other than a will, to

execute or adopt a tangible symbol or to attach to or logically associate with the record

an electronic symbol, sound, or process.

53. "Special administrator" means a personal representative as described by sections

30.1-17-14 through 30.1-17-18.

54. "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or any territory or insular possession subject to the

jurisdiction of the United States.

55. "Successor personal representative" means a personal representative, other than a

special administrator, who is appointed to succeed a previously appointed personal

representative.

56. "Successors" means persons, other than creditors, who are entitled to property of a

decedent under the decedent's will or this title.

57. "Supervised administration" refers to the proceedings described in chapter 30.1-16.

58. "Survive" means that an individual has neither predeceased an event, including the

death of another individual, nor predeceased an event under sections 30.1-04-04 and
N.D. Cent. Code § 30.1-04-17 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-17
30.1-04-17. (2-118) Parent-child relationship - Adoptee and adoptee's adoptive parent or parents
Status: in_force

30.1-04-17. (2-118) Parent-child relationship - Adoptee and adoptee's adoptive parent

or parents.

1. A parent-child relationship exists between an adoptee and the adoptee's adoptive

parent or parents.

2. For purposes of subsection 1:

a. An individual who is in the process of being adopted by a married couple when

one of the spouses dies is treated as adopted by the deceased spouse if the

adoption is subsequently granted to the decedent's surviving spouse.

b. A child of a genetic parent who is in the process of being adopted by a genetic

parent's spouse when the spouse dies is treated as adopted by the deceased

spouse if the genetic parent survives the deceased spouse by one hundred

twenty hours.

3. If, after a parent-child relationship is established between a child of assisted

reproduction and a parent under section 30.1-04-19 or between a gestational child and

a parent under section 30.1-04-20, the child is in the process of being adopted by the

parent's spouse when that spouse dies, the child is treated as adopted by the

deceased spouse for purposes of subdivision b of subsection 2.
N.D. Cent. Code § 30.1-09.1-05 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-05
30.1-09.1-05. (2-705) Class gifts construed to accord with intestate succession - Exceptions
Status: in_force

30.1-09.1-05. (2-705) Class gifts construed to accord with intestate succession -

Exceptions.

1. In this section:

a. "Adoptee" has the meaning set forth in section 30.1-04-14.

b. "Child of assisted reproduction" has the meaning set forth in section 30.1-04-19.

c. "Distribution date" means the time when an immediate or a postponed class gift is

to take effect in possession or enjoyment.

d. "Functioned as a parent of the adoptee" has the meaning set forth in section

30.1-04-14, substituting "adoptee" for "child" in that definition.

e. "Functioned as a parent of the child" has the meaning set forth in section

30.1-04-14.

f. "Genetic parent" has the meaning set forth in section 30.1-04-14.

g. "Gestational child" has the meaning set forth in section 30.1-04-20.

h. "Relative" has the meaning set forth in section 30.1-04-14.

2. A child of assisted reproduction, a gestational child, and except as otherwise provided

in subsections 3 and 4, an adoptee and a child born to parents not married to each

other, and their respective descendants if appropriate to the class, are included in

class gifts and other terms of relationship in accordance with the rules for intestate

succession. Terms of relationship in a governing instrument which do not differentiate

relationships by the half blood from those by the whole blood, such as brothers,

sisters, nieces, or nephews, are construed to include both types of relationships.

Terms of relationship in a governing instrument that do not differentiate relationships

by blood from those by marriage, such as uncles, aunts, nieces, or nephews, are

construed to exclude relatives by marriage unless:

a. When the governing instrument was executed, the class was then and

foreseeably would be empty; or

b. The language or circumstances otherwise establish that relatives by marriage

were intended to be included.

3. In construing a dispositive provision of a transferor who is not the genetic parent, a

child of a genetic parent is not considered the child of that parent unless the parent, a

relative of the genetic parent, or the spouse or surviving spouse of a relative of the

genetic parent functioned as a parent of the child before the child reached eighteen

years of age.

4. In construing a dispositive provision of a transferor who is not the adoptive parent, an

adoptee is not considered the child of the adoptive parent unless:

a. The adoption took place before the adoptee reached eighteen years of age;

b. The adoptive parent was the adoptee's stepparent or foster parent; or

c. The adoptive parent functioned as a parent of the adoptee before the adoptee

reached eighteen years of age.

5. The following rules apply for purposes of the class-closing rules:

a. A child in utero at a particular time is treated as living at that time if the child lives

one hundred twenty hours after birth.

b. If a child of assisted reproduction or a gestational child is conceived

posthumously and the distribution date is the deceased parent's death, the child

is treated as living on the distribution date if the child lives one hundred twenty

hours after birth and was in utero not later than thirty-six months after the

deceased parent's death or born not later than forty-five months after the

deceased parent's death.

c. An individual who is in the process of being adopted when the class closes is

treated as adopted when the class closes if the adoption is subsequently granted.
N.D. Cent. Code § 30.1-14-01 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-01
30.1-14-01. (3-301) Informal probate or appointment proceedings - Application - Contents
Status: in_force

30.1-14-01. (3-301) Informal probate or appointment proceedings - Application -

Contents.

1. Applications for informal probate or informal appointment shall be directed to the court,

and verified by the applicant to be accurate and complete to the best of the applicant's

knowledge and belief as to the following information:

a. Every application for informal probate of a will or for informal appointment of a

personal representative, other than a special or successor representative, shall

contain the following:

(1) A statement of the interest of the applicant.

(2) The name and date of death of the decedent, the decedent's age, and the

county and state of domicile at the time of death, and the names and

addresses of the spouse, children, heirs, and devisees, and the ages of any

who are minors so far as known or ascertainable with reasonable diligence

by the applicant.

(3) If the decedent was not domiciled in the state at the time of death, a

statement showing venue.

(4) A statement identifying and indicating the address of any personal

representative of the decedent appointed in this state or elsewhere whose

appointment has not been terminated.

(5) A statement indicating whether the applicant has received a demand for

notice, or is aware of any demand for notice of any probate or appointment

proceeding concerning the decedent that may have been filed in this state

or elsewhere.

(6) A statement that the time limit for informal probate or appointment under this

chapter has not expired because three years or less have elapsed since the

decedent's death, or, if more than three years from the death have elapsed,

circumstances described in section 30.1-12-08 have occurred authorizing

tardy probate or appointment.

b. An application for informal probate of a will shall state the following, in addition to

the statements required by subdivision a:

(1) That the original of the decedent's last will is in the possession of the court,

or accompanies the application, or that an authenticated copy of a will

probated in another jurisdiction accompanies the application.

(2) That the applicant, to the best of the applicant's knowledge, believes the will

to have been validly executed.

(3) That after the exercise of reasonable diligence, the applicant is unaware of

any instrument revoking the will, and that the applicant believes that the

instrument which is the subject of the application is the decedent's last will.

c. An application for informal appointment of a personal representative to administer

an estate under a will shall describe the will by date of execution and state the

time and place of probate or the pending application or petition for probate. The

application for appointment shall adopt the statements in the application or

petition for probate and state the name, address, and priority for appointment of

the person whose appointment is sought.

d. An application for informal appointment of an administrator in intestacy shall

state, in addition to the statements required by subdivision a:

(1) That after the exercise of reasonable diligence, the applicant is unaware of

any unrevoked testamentary instrument relating to property having a situs in

this state under section 30.1-02-01, or, a statement why any such

instrument of which the applicant may be aware is not being probated.

(2) The priority of the person whose appointment is sought and the names of

any other persons having a prior or equal right to the appointment under

section 30.1-13-03.

e. An application for appointment of a personal representative to succeed a

personal representative appointed under a different testacy status shall refer to

the order in the most recent testacy proceeding, state the name and address of

the person whose appointment is sought and of the person whose appointment

will be terminated if the application is granted, and describe the priority of the

applicant.

f. An application for appointment of a personal representative to succeed a

personal representative who has tendered a resignation as provided in

subsection 3 of section 30.1-17-10, or whose appointment has been terminated

by death or removal, shall adopt the statements in the application or petition

which led to the appointment of the person being succeeded except as

specifically changed or corrected, state the name and address of the person who

seeks appointment as successor, and describe the priority of the applicant.

2. By verifying an application for informal probate or informal appointment, the applicant

submits personally to the jurisdiction of the court in any proceeding for relief from fraud

relating to the application, or for perjury, that may be instituted against the applicant.
N.D. Cent. Code § 30.1-31-15 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-15
30.1-31-15. (6-222) Payment on multiple-party account
Status: in_force

30.1-31-15. (6-222) Payment on multiple-party account

A financial institution, on request, may pay sums on deposit in a multiple-party account to:

1. One or more of the parties, whether or not another party is disabled, incapacitated, or

deceased when payment is requested and whether or not the party making the

request survives another party; or

2. The personal representative, if any, or, if there is none, the heirs or devisees of a

deceased party if proof of death is presented to the financial institution showing that

the deceased party was the survivor of all other persons named on the account either

as a party or beneficiary, unless the account is without right of survivorship under

section 30.1-31-09.
N.D. Cent. Code § 30.1-08-03 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-03
30.1-08-03. Holographic will
Status: repealed

30.1-08-03. Holographic will

Repealed by S.L. 1993, ch. 334, § 50.
N.D. Cent. Code § 30.1-37-02 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-02
30.1-37-02. Law applicable to electronic will - Principles of equity
Status: in_force

30.1-37-02. Law applicable to electronic will - Principles of equity

An electronic will is a will for all purposes of the law of this state. The law of this state

applicable to wills and principles of equity apply to an electronic will, except as modified by this

chapter.
N.D. Cent. Code § 30.1-32.1-09 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-09
30.1-32.1-09. Effect of transfer on death deed during transferor's life
Status: in_force

30.1-32.1-09. Effect of transfer on death deed during transferor's life

During a transferor's life, a transfer on death deed does not:

1. Affect an interest or right of the transferor or any other owner, including the right to

transfer or encumber the property;

2. Affect an interest or right of a transferee, even if the transferee has actual or

constructive notice of the deed;

3. Affect an interest or right of a secured or unsecured creditor or future creditor of the

transferor, even if the creditor has actual or constructive notice of the deed;

4. Affect the transferor's or designated beneficiary's eligibility for any form of public

assistance;

5. Create a legal or equitable interest in favor of the designated beneficiary; or

6. Subject the property to claims or process of a creditor of the designated beneficiary.
N.D. Cent. Code § 30.1-15-03 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-03
30.1-15-03. (3-403) Formal testacy proceeding - Notice of hearing on petition
Status: in_force

30.1-15-03. (3-403) Formal testacy proceeding - Notice of hearing on petition

1. Upon commencement of a formal testacy proceeding, the court shall fix a time and

place of hearing. Notice shall be given in the manner prescribed by section 30.1-03-01

by the petitioner to the persons herein enumerated and to any additional person who

has filed a demand for notice under section 30.1-13-04. Notice shall be given to the

following persons:

a. The surviving spouse, children, and other heirs of the decedent;

b. The devisees and executors named in any will that is being, or has been,

probated, or offered for informal or formal probate in the county, or that is known

by the petitioner to have been probated, or offered for informal or formal probate

elsewhere; and

c. Any personal representative of the decedent whose appointment has not been

terminated.

Notice may be given to other persons. In addition, the petitioner shall give notice by

publication to all unknown persons and to all known persons whose addresses are

unknown who have any interest in the matters being litigated.

2. If it appears by the petition or otherwise that the fact of the death of the alleged

decedent may be in doubt, or on the written demand of any interested person, a copy

of the notice of the hearing on said petition shall be sent by registered mail to the

alleged decedent at the alleged decedent's last-known address. The court shall direct

the petitioner to report the results of, or make and report back concerning, a

reasonably diligent search for the alleged decedent in any manner that may seem

advisable, including any or all of the following methods:

a. By inserting in one or more suitable periodicals a notice requesting information

from any person having knowledge of the whereabouts of the alleged decedent.

b. By notifying law enforcement officials and public welfare agencies in appropriate

locations of the disappearance of the alleged decedent.

c. By engaging the services of an investigator.

The costs of any search so directed shall be paid by the petitioner if there is no

administration or by the estate of the decedent in case there is administration.
N.D. Cent. Code § 30.1-31-12 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-12
30.1-31-12. (6-215) Rights of creditors and others
Status: in_force

30.1-31-12. (6-215) Rights of creditors and others

1. If other assets of the estate are insufficient, a transfer resulting from a right of

survivorship or P.O.D. designation under sections 30.1-31-02 through 30.1-31-20 is not

effective against the estate of a deceased party to the extent needed to pay claims

against the estate and statutory allowances to the surviving spouse and children.

2. A surviving party or beneficiary who receives payment from an account after death of a

party is liable to account to the personal representative of the decedent for a

proportionate share of the amount received to which the decedent, immediately before

death, was beneficially entitled under section 30.1-31-08, to the extent necessary to

discharge the claims and allowances described in subsection 1 remaining unpaid after

application of the decedent's estate. A proceeding to assert the liability may not be

commenced unless the personal representative has received a written demand by the

surviving spouse, a creditor, a child, or a person acting for a child of the decedent. The

proceeding must be commenced within one year after death of the decedent.

3. A surviving party or beneficiary against whom a proceeding to account is brought may

join as a party to the proceeding a surviving party or beneficiary of any other account

of the decedent.

4. Sums recovered by the personal representative must be administered as part of the

decedent's estate. This section does not affect the protection from claims of the

personal representative or estate of a deceased party provided in section 30.1-31-19

for a financial institution that makes payment in accordance with the terms of the

account.
N.D. Cent. Code § 30.1-06-02 — ND Code / Title 30.1 / Chapter 30.1-06 / Section 30.1-06-02
30.1-06-02. (2-302) Omitted children
Status: in_force

30.1-06-02. (2-302) Omitted children

1. Except as provided in subsection 2, if a testator fails to provide in the will for any of the

testator's children born or adopted after the execution of the will, the omitted afterborn

or after-adopted child receives a share in the estate as follows:

a. If the testator had no child living when the testator executed the will, an omitted

afterborn or after-adopted child receives a share in the estate equal in value to

that which the child would have received had the testator died intestate, unless

the will devised all or substantially all the estate to the other parent of the omitted

child and that other parent survives the testator and is entitled to take under the

will.

b. If the testator had one or more children living when the testator executed the will,

and the will devised property or an interest in property to one or more of the

then-living children, an omitted afterborn or after-adopted child is entitled to share

in the testator's estate as follows:

(1) The portion of the testator's estate in which the omitted afterborn or

after-adopted child is entitled to share is limited to devises made to the

testator's then-living children under the will.

(2) The omitted afterborn or after-adopted child is entitled to receive the share

of the testator's estate, as limited in paragraph 1, that the child would have

received had the testator included all omitted afterborn and after-adopted

children with the children to whom devises were made under the will and

had given an equal share of the estate to each child.

(3) To the extent feasible, the interest granted an omitted afterborn or

after-adopted child under this section must be of the same character,

whether equitable or legal, present or future, as that devised to the testator's

then-living children under the will.

(4) In satisfying a share provided by this subdivision, devises to the testator's

children who were living when the will was executed abate ratably. In

abating the devises of the then-living children, the court shall preserve to the

maximum extent possible the character of the testamentary plan adopted by

the testator.

2. Neither subdivision a nor subdivision b of subsection 1 applies if:

a. It appears from the will that the omission was intentional; or

b. The testator provided for the omitted afterborn or after-adopted child by transfer

outside the will and the intent that the transfer be in lieu of a testamentary

provision is shown by the testator's statements or is reasonably inferred from the

amount of the transfer or other evidence.

3. If at the time of execution of the will the testator fails to provide in the will for a living

child solely because the testator believes the child to be dead, the child is entitled to

share in the estate as if the child were an omitted afterborn or after-adopted child.

4. In satisfying a share provided by subdivision a of subsection 1 or subsection 3,

devises made by the will abate under section 30.1-20-02.
N.D. Cent. Code § 30.1-02-04 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-04
30.1-02-04. (1-304) Practice in court
Status: in_force

30.1-02-04. (1-304) Practice in court

Unless specifically provided to the contrary in this title or unless inconsistent with its

provisions, the Rules of Civil Procedure, including the rules concerning vacation of orders and

appellate review, govern formal proceedings under this title.
N.D. Cent. Code § 30.1-05-04 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-04
30.1-05-04. (2-210) Personal liability of recipients
Status: in_force

30.1-05-04. (2-210) Personal liability of recipients

1. Only original recipients of the decedent's nonprobate transfers to others, and the

donees of the recipients of the decedent's nonprobate transfers to others, to the extent

the donees have the property or its proceeds, are liable to make a proportional

contribution toward satisfaction of the surviving spouse's elective-share or

supplemental elective-share amount. A person liable to make contribution may choose

to give up the proportional part of the decedent's nonprobate transfers to the person or

to pay the value of the amount for which the person is liable.

2. If any section or part of any section of this chapter is preempted by federal law with

respect to a payment, an item of property, or any other benefit included in the

decedent's nonprobate transfers to others, a person who, not for value, receives the

payment, item of property, or any other benefit, is obligated to return that payment,

item of property, or benefit, or is personally liable for the amount of that payment or the

value of that item of property or benefit, as provided in section 30.1-05-03, to the

person who would have been entitled to it were that section or part of that section not

preempted.
N.D. Cent. Code § 30.1-04-04 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-04
30.1-04-04. (2-104) Requirement that heir survive decedent for one hundred twenty hours - Individual in gestation
Status: in_force

30.1-04-04. (2-104) Requirement that heir survive decedent for one hundred twenty

hours - Individual in gestation.

1. For purposes of intestate succession, homestead allowance, and exempt property, and

except as otherwise provided in subsection 2:

a. An individual who was born before a decedent's death but who fails to survive the

decedent by one hundred twenty hours is deemed to have predeceased the

decedent. If it is not established by clear and convincing evidence that an

individual who was born before the decedent's death survived the decedent by

one hundred twenty hours, it is deemed that the individual failed to survive for the

required period.

b. An individual who was in gestation at a decedent's death is deemed to be living at

the decedent's death if the individual lives one hundred twenty hours after birth. If

it is not established by clear and convincing evidence that an individual who was

in gestation at the decedent's death lived one hundred twenty hours after birth, it

is deemed that the individual failed to survive for the required period.

2. This section does not apply if it would result in a taking of the intestate estate by the

state under section 30.1-04-05.
N.D. Cent. Code § 30.1-29-27 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-27
30.1-29-27. (5-427) Preservation of estate plan
Status: in_force

30.1-29-27. (5-427) Preservation of estate plan

In investing the estate, and in selecting assets of the estate for distribution under

subsections 1 and 2 of section 30.1-29-25, in utilizing powers of revocation or withdrawal

available for the support of the protected person, and exercisable by the conservator or the

court, the conservator and the court should take into account any known estate plan of the

protected person, including the protected person's will, any revocable trust of which the

protected person is settlor, and any contract, transfer, or joint ownership arrangement with

provisions for payment or transfer of benefits or interests at the protected person's death to

another or others which the protected person may have originated. The conservator may

examine the will of the protected person.
N.D. Cent. Code § 30.1-21-08 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-08
30.1-21-08. (3-1008) Subsequent administration - Fee
Status: in_force

30.1-21-08. (3-1008) Subsequent administration - Fee

If other property of the estate is discovered after an estate has been settled and the

personal representative discharged or after one year after a closing statement has been filed,

the court, upon petition of any interested person and upon notice as it directs, may appoint the

same or a successor personal representative to administer the subsequently discovered estate.

Any person filing a petition under this section shall pay to the clerk of district court a filing fee as

prescribed in section 27-05.2-03. If a new appointment is made, unless the court orders

otherwise, the provisions of this title apply as appropriate, but no claim previously barred may

be asserted in the subsequent administration.
N.D. Cent. Code § 30.1-20-09 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-09
30.1-20-09. (3-909) Improper distribution - Liability of distributee
Status: in_force

30.1-20-09. (3-909) Improper distribution - Liability of distributee

Unless the distribution or payment no longer can be questioned because of adjudication,

estoppel, or limitation, a distributee of property improperly distributed or paid, or a claimant who

was improperly paid, is liable to return the property improperly received and its income since

distribution if the distributee or claimant has the property. If the distributee or claimant does not

have the property, then the distributee or claimant is liable to return the value as of the date of

disposition of the property improperly received and its income and gain received by the

distributee or claimant.
N.D. Cent. Code § 30.1-19-02 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-02
30.1-19-02. (3-802) Statutes of limitations
Status: in_force

30.1-19-02. (3-802) Statutes of limitations

Unless an estate is insolvent, the personal representative, with the consent of all

successors whose interests would be affected, may waive any defense of limitations available to

the estate. If the defense is not waived, no claim that was barred by any statute of limitations at

the time of the decedent's death may be allowed or paid. The running of any statute of

limitations measured from some other event than death and advertisement and mailing of notice

for claims against a decedent is suspended during the three months following the decedent's

death but resumes thereafter as to claims not barred pursuant to the sections which follow. For

purposes of any statute of limitations, the proper presentation of a claim under section

30.1-19-04 is equivalent to commencement of a proceeding on the claim.
N.D. Cent. Code § 30.1-17-05 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-05
30.1-17-05. (3-605) Demand for bond by interested person
Status: in_force

30.1-17-05. (3-605) Demand for bond by interested person

Any person apparently having an interest in the estate worth in excess of one thousand

dollars, or any creditor having a claim in excess of one thousand dollars, may make a written

demand that a personal representative give bond. The demand must be filed with the court and

a copy mailed to the personal representative if appointment and qualification have occurred.

Thereupon, bond is required, but the requirement ceases if the person demanding bond ceases

to be interested in the estate, or if bond is excused as provided in section 30.1-17-03 or
N.D. Cent. Code § 30.1-08.2-05 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-05
30.1-08.2-05. (2-1005) International will - Certificate
Status: in_force

30.1-08.2-05. (2-1005) International will - Certificate

The authorized person shall attach to the will a certificate to be signed by the authorized

person establishing that the requirements of this chapter for valid execution of an international

will have been fulfilled. The authorized person shall keep a copy of the certificate and deliver

another to the testator. The certificate must be substantially in the following form:

CERTIFICATE

I, _______________ (name, address, and capacity), a person authorized to act in

connection with international wills, certify that on ________________ (date) at

________________ (place) ____________________ (name, address, date and place of birth of

testator) in my presence and that of the witnesses ____________________ (name, address,

date and place of birth of first witness) and ________________ (name, address, date and place

of birth of second witness) has declared that the attached document is the testator's will and

that the testator knows the contents thereof.

I further certify that in my presence and in that of the witnesses the testator has signed the

will or has acknowledged the testator's signature previously affixed or that following a

declaration of the testator stating that the testator was unable to sign the will for the following

reason ______________, I have mentioned this declaration on the will, and the signature has

been affixed by _____________________ (name and address).

I further certify that the witnesses and I have signed the will; each page of the will has been

signed by _______________ and numbered [to be completed if appropriate]; I have satisfied

myself as to the identity of the testator and of the witnesses as designated above; the witnesses

met the conditions requisite to act as such according to the law under which I am acting; the

testator has requested me to include the following statement concerning the safekeeping of the

testator's will [to be completed if appropriate]: ________________________________.

____________________ (Place of execution)

____________________ (Date)

_________________________________ (Signature)
N.D. Cent. Code § 30.1-12-02 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-02
30.1-12-02. (3-102) Necessity of order of probate for will
Status: in_force

30.1-12-02. (3-102) Necessity of order of probate for will

Except as provided in section 30.1-23-01, to be effective to prove the transfer of any

property or to nominate an executor, a will must be declared to be valid by an order of informal

probate or an adjudication of probate by the court.
N.D. Cent. Code § 30.1-27-04 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-04
30.1-27-04. (5-204) Court appointment of guardian of minor - Conditions for appointment
Status: repealed

30.1-27-04. (5-204) Court appointment of guardian of minor - Conditions for

appointment.

Repealed by S.L. 2019, ch. 274, § 9.
N.D. Cent. Code § 30.1-10-03 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-03
30.1-10-03. (2-803) Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations
Status: in_force

30.1-10-03. (2-803) Effect of homicide on intestate succession, wills, trusts, joint

assets, life insurance, and beneficiary designations.

1. In this section:

a. "Disposition or appointment of property" includes a transfer of an item of property

or any other benefit to a beneficiary designated in a governing instrument.

b. "Governing instrument" means a governing instrument executed by the decedent.

c. "Revocable", with respect to a disposition, appointment, provision, or nomination,

means one under which the decedent, at the time of or immediately before death,

was alone empowered, by law or under the governing instrument, to cancel the

designation, in favor of the killer, whether or not the decedent was then

empowered to designate the decedent in place of the decedent's killer or the

decedent then had capacity to exercise the power.

2. An individual who intentionally and feloniously kills the decedent forfeits all benefits

under this title with respect to the decedent's estate, including an intestate share, an

elective share, an omitted spouse's or child's share, a homestead allowance, exempt

property, and a family allowance. If the decedent died intestate, the decedent's

intestate estate passes as if the killer disclaimed the killer's intestate share.

3. The intentional and felonious killing of the decedent:

a. Revokes any revocable disposition or appointment of property made by the

decedent to the killer in a governing instrument, provision in a governing

instrument conferring a general or nongeneral power of appointment on the killer,

and nomination of the killer in a governing instrument, nominating or appointing

the killer to serve in any fiduciary or representative capacity, including a personal

representative, executor, trustee, or agent.

b. Voids the interests of the killer in property held with the decedent at the time of

the killing as joint tenants with the right of survivorship.

4. The voided interest under subdivision b of subsection 3 does not affect any third-party

interest in property acquired for value and in good-faith reliance on an apparent title by

survivorship in the killer unless a writing declaring the voided interest has been noted,

registered, filed, or recorded in records appropriate to the kind and location of the

property that are relied upon, in the ordinary course of transactions involving the

property, as evidence of ownership.

5. Provisions of a governing instrument are given effect as if the killer disclaimed all

revoked provisions revoked by this section or, in the case of a revoked nomination in a

fiduciary or representative capacity, as if the killer predeceased the decedent.

6. A wrongful acquisition of property or interest by a killer not covered by this section

must be treated in accordance with the principle that a killer cannot profit from any

wrong.

7. After all right to appeal has been exhausted, a judgment of conviction establishing

criminal accountability for the felonious and intentional killing of the decedent

conclusively establishes the convicted individual as the decedent's killer for purposes

of this section. In the absence of a conviction, the court, upon the petition of an

interested person, must determine whether, under the preponderance of evidence

standard, the individual would be found criminally accountable for the felonious and

intentional killing of the decedent. If the court determines that, under that standard, the

individual would be found criminally accountable for the felonious and intentional killing

of the decedent, the determination conclusively establishes that individual as the

decedent's killer for purposes of this section.

8. a. A payer or other third party is not liable for having made a payment or transferred

an item of property or any other benefit to a beneficiary designated in a governing

instrument affected by an intentional and felonious killing, or for having taken any

other action in reliance on the validity of the governing instrument, upon request

and satisfactory proof of the decedent's death, before the payer or other third

party received written notice of a claimed forfeiture or revocation under this

section. A payer or other third party does not have a duty or obligation to make

any determination as to whether the decedent was a victim of a felonious killing

or to seek any evidence with respect to a felonious killing even if the

circumstances of the decedent's death are suspicious or questionable as to the

beneficiary's participation in any such felonious killing. A payer or other third party

is only liable for actions taken two or more business days after the actual receipt

by the payer or other third party of written notice. The payer or other third party

may be liable for actions taken pursuant to the governing instrument only if the

form of service is that described in subdivision b.

b. The written notice must indicate the name of the decedent, the name of the

person asserting an interest, the nature of the payment or item of property or

other benefit, and a statement that a claim of forfeiture or revocation is being

made under this section. Written notice of a claimed forfeiture or revocation under

this subsection must be mailed to the payer's or third party's main office or home

by registered mail or served upon the payer or other third party in the same

manner as a summons in a civil action. Notice to a sales representative of the

payer or other third party does not constitute notice to the payer or other third

party. Upon receipt of written notice of a claimed forfeiture or revocation under

this section, a payer or other third party may pay any amount owed or transfer or

deposit any item of property held by it to or with the court having jurisdiction of the

probate proceedings relating to the decedent's estate, or if no proceedings have

been commenced, to or with the court having jurisdiction of probate proceedings

relating to decedents' estates located in the county of the decedent's residence.

In addition to the actions available under this section, the payer or other third

party may take any action authorized by law or the governing instrument. If no

probate proceedings have been commenced, the payer or other third party shall

file with the court a copy of the written notice received by the payer or other third

party, with the payment of funds or transfer or deposit of property. The court may

not charge a filing fee to the payer or other third party for the payment to the court

of amounts owed or transferred to or deposit with the court of any item of

property, even if no probate proceedings have been commenced before the

payment, transfer, or deposit. The court shall hold the funds or item of property

and, upon its determination under this section, shall order disbursement in

accordance with the determination. A filing fee, if any, may be charged upon

disbursement either to the recipient or against the funds or property on deposit

with the court, in the discretion of the court. Payments, transfers, or deposits

made to or with the court discharge the payer or other third party from all claims

for the value of amounts paid to or items of property transferred to or deposited

with the court.

9. a. A bona fide purchaser who purchases property, or who receives a payment or

other item of property in partial or full satisfaction of a legally enforceable

obligation, is neither obligated under this section to return the payment, item of

property, or benefit nor liable under this section for the amount of the payment or

the value of the item of property or benefit. But a person who, not for value,

receives a payment, item of property, or any other benefit to which the person is

not entitled under this section is obligated to return the payment, item of property,

or benefit, or is personally liable for the amount of the payment or the value of the

item of property or benefit, to the person who is entitled to it under this section.

b. If this section or any part of this section is preempted by federal law, other than

the federal Employee Retirement Income Security Act of 1974, as amended, with

respect to a payment, an item of property, or any other benefit covered by this

section, a person who, not for value, receives the payment, item of property, or

any other benefit to which the person is not entitled under this section is obligated

to return the payment, item of property, or benefit or is personally liable for the

amount of the payment or the value of the item of property or benefit, to the

person who would have been entitled to it were this section or part of this section

not preempted.
N.D. Cent. Code § 30.1-29-23 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-23
30.1-29-23. (5-423) Persons dealing with conservators - Protection
Status: in_force

30.1-29-23. (5-423) Persons dealing with conservators - Protection

A person who in good faith either assists a conservator or deals with the conservator for

value in any transaction other than those requiring a court order as provided in section

30.1-29-08 is protected as if the conservator properly exercised the power. The fact that a

person knowingly deals with a conservator does not alone require the person to inquire into the

existence of a power or the propriety of its exercise, except that restrictions on powers of

conservators which are endorsed on letters as provided in section 30.1-29-26 are effective as to

third persons. A person is not bound to see to the proper application of estate assets paid or

delivered to a conservator. The protection here expressed extends to instances in which some

procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of

letters. The protection here expressed is not by substitution for that provided by comparable

provisions of the laws relating to commercial transactions and laws simplifying transfers of

securities by fiduciaries.
N.D. Cent. Code § 30.1-04-01 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-01
30.1-04-01. (2-101) Intestate estate
Status: in_force

30.1-04-01. (2-101) Intestate estate

1. Any part of a decedent's estate not effectively disposed of by will passes by intestate

succession to the decedent's heirs as prescribed in this title, except as modified by the

decedent's will.

2. A decedent, by will, may expressly exclude or limit the right of an individual or class to

succeed to property of the decedent passing by intestate succession. If that individual

or a member of that class survives the decedent, the share of the decedent's intestate

estate to which that individual or class would have succeeded passes as if that

individual or each member of that class had disclaimed the intestate share.
N.D. Cent. Code § 30.1-28-12 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-12
30.1-28-12. (5-312) General powers and duties of guardian - Liability
Status: in_force

30.1-28-12. (5-312) General powers and duties of guardian - Liability

1. A guardian of an incapacitated person has only the powers and duties specified by the

court.

2. To the extent that it is consistent with the terms of an order by a court of competent

jurisdiction, the guardian is entitled to custody of the person of the ward and may

establish the ward's place of residence within or without this state. However, no

guardian may voluntarily admit a ward to a mental health facility or state institution for

a period of more than forty-five days without a mental health commitment proceeding

or other court order. Notwithstanding the other provisions of this subsection, the

guardian may readmit a ward to a mental health facility or a state institution within sixty

days of discharge from that institution, if the original admission to the facility or

institution had been authorized by the court.

3. If entitled to custody of the ward, the guardian should make provision for the care,

comfort, and maintenance of the ward and, whenever appropriate, arrange for the

ward's training, education, or habilitative services. The guardian shall take reasonable

care of the ward's clothing, furniture, vehicles, and personal effects.

4. Notwithstanding general or limited authority to make medical decisions on behalf of the

ward, no guardian may consent to psychosurgery, abortion, sterilization, or

experimental treatment of any kind unless the procedure is first approved by order of

the court.

5. When exercising the authority granted by the court, the guardian shall safeguard the

civil rights and personal autonomy of the ward to the fullest extent possible by:

a. Meeting with the ward following the hearing, unless the ward is represented by an

attorney, and explaining to the fullest extent possible the contents of the court's

order and the extent of the guardian's authority;

b. Involving the ward as fully as is practicable in making decisions with respect to

the ward's living arrangements, health care, and other aspects of the ward's care;

and

c. Ensuring the ward's maximum personal freedom by using the least restrictive

forms of intervention and only as necessary for the safety of the ward or others.

6. If no conservator for the estate of the ward has been appointed and if the guardian has

been granted authority to make financial decisions on behalf of the ward, the guardian

shall:

a. Institute proceedings to compel any person under a duty to support the ward or to

pay sums for the welfare of the ward to perform that duty.

b. Receive money and tangible property deliverable to the ward and apply the

money and property for support, care, and education of the ward; but, the

guardian may not use funds from the ward's estate for room and board which the

guardian or the guardian's spouse, parent, or child have furnished the ward

unless a charge for the service is approved by order of the court made upon

notice to those identified in section 30.1-28-09.1. The guardian shall exercise

care to conserve any excess for the ward's needs.

c. Move the court under section 30.1-28-03.2 for authority to sell, mortgage, or

otherwise encumber or transfer ownership or beneficiary of:

(1) The real property of the ward; or

(2) The personal property of the ward valued over two thousand five hundred

dollars upon such terms as the court may order, for the purpose of paying

the ward's debts; providing for the care, maintenance, rehabilitation, training,

or education of the ward or the ward's dependents; or for any other purpose

which is in the best interests of the ward. The sale, mortgage, or other

encumbrance or transfer of ownership of personal property of the ward

valued at two thousand five hundred dollars or less does not require a court

order.

d. Move the court under section 30.1-28-03.2 for authority to lease the real or

personal property of the ward.

e. A guardian may not purchase, lease, or obtain ownership or become the

beneficiary of property of the ward unless the price and manner of the sale are

approved by the court.

7. If a conservator has been appointed, all of the ward's estate received by the guardian

in excess of those funds expended to meet current expenses for support, care, and

education of the ward must be paid to the conservator for management as provided in

this title, and the guardian must account to the conservator for funds expended.

8. A guardian shall file an annual report with the court regarding the exercise of powers

and duties in areas of authority specified in the court's order of appointment. The

report must describe the status or condition of the ward, including any change of

residence and reasons for the change, any medical treatment received by or withheld

from the ward, any expenditure and income affecting the ward, any sale or transfer of

property affecting the ward, and any exercise of legal authority by the guardian

affecting the ward. The report must include changes that have occurred since the

previous reporting period and an accounting of the ward's estate. The guardian also

shall report whether the ward continues to require guardianship and whether any

powers of the guardian should be increased or limited. The report must be filed with

the clerk of district court. The filing of the report does not constitute an adjudication or

a determination of the merits of the report nor does the filing of the report constitute

the court's approval of the report. The court may approve a report and allow and settle

an accounting only upon notice to the ward's guardian ad litem and other interested

persons who have made an appearance or requested notice of proceedings. The

office of the state court administrator shall provide printed forms that may be used to

fulfill reporting requirements. Any report must be similar in substance to the state court

administrator's form. The forms must be available in the office of clerk of district court

or obtainable through the supreme court's internet website.

9. Copies of the guardian's annual report to the court and of any other reports required by

the court must be mailed to those identified in section 30.1-28-09.1. The ward's copy

must be accompanied by a statement, printed with not less than double-spaced

twelve-point type, of the ward's right to seek alteration, limitation, or termination of the

guardianship at any time.

10. The guardian is entitled to receive reasonable sums for services and for room and

board furnished to the ward as approved by the court or as agreed upon between the

guardian and the conservator, provided the amounts agreed upon are reasonable

under the circumstances. The guardian may request the conservator to expend the

ward's estate by payment to third persons or institutions for the ward's care and

maintenance.

11. A guardian has a fiduciary duty to the ward and may be held liable for a breach of that

duty.

12. A guardian is not liable for the acts of the ward, unless the guardian is grossly

negligent as defined in section 1-01-17.

13. A guardian is not required to expend personal funds on behalf of the ward solely by

reason of the guardian relationship.

14. A guardian who exercises reasonable care in selecting an individual to provide medical

or other care, treatment, or service for the ward is not liable for injury to the ward

resulting from the wrongful conduct of the individual.
N.D. Cent. Code § 30.1-29-32 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-32
30.1-29-32. (5-432) Delivery to foreign conservator
Status: repealed

30.1-29-32. (5-432) Delivery to foreign conservator

Repealed by S.L. 2009, ch. 278, § 2.
N.D. Cent. Code § 30.1-24-08 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-08
30.1-24-08. (4-207) Ancillary and other local administrations - Provisions governing
Status: in_force

30.1-24-08. (4-207) Ancillary and other local administrations - Provisions governing

In respect to a nonresident decedent, the provisions of chapters 30.1-12 through 30.1-23 of

this title govern:

1. Proceedings, if any, in a court of this state for probate of the will, appointment,

removal, supervision, and discharge of the local personal representative, and any

other order concerning the estate.

2. The status, powers, duties, and liabilities of any local personal representative and the

rights of claimants, purchasers, distributees, and others in regard to a local

administration.
N.D. Cent. Code § 30.1-18-21 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-21
30.1-18-21. (3-721) Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
Status: in_force

30.1-18-21. (3-721) Proceedings for review of employment of agents and

compensation of personal representatives and employees of estate.

After notice to all interested persons, or on petition of an interested person, or on

appropriate motion if administration is supervised, the propriety of employment of any person by

a personal representative, including any attorney, auditor, investment adviser, or other

specialized agent or assistant, the reasonableness of the compensation of any person so

employed, or the reasonableness of the compensation determined by the personal

representative for that person's own services, including services rendered as attorney, may be

reviewed by the court. If the amount of attorney's fees is based upon the value of the decedent's

estate, the fee agreement must be in writing and mailed to all parties who are heirs of the estate

pursuant to the last will and testament of the decedent. If the decedent died intestate, notice

must be provided to all heirs of the estate in accordance with chapter 30.1-03. Any person who

has received excessive compensation from an estate for services rendered may be ordered to

make appropriate refunds.
N.D. Cent. Code § 30.1-30-04 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-04
30.1-30-04. (5-504) Power of attorney not revoked until notice
Status: in_force

30.1-30-04. (5-504) Power of attorney not revoked until notice

1. The death of a principal who has executed a written power of attorney, durable or

otherwise, does not revoke or terminate the agency as to the attorney in fact or other

person, who, without actual knowledge of the death of the principal, acts in good faith

under the power. Any action so taken, unless otherwise invalid or unenforceable, binds

the principal's successors in interest.

2. The disability or incapacity of a principal who has previously executed a written power

of attorney that is not a durable power does not revoke or terminate the agency as to

the attorney in fact or other person, who, without actual knowledge of the disability or

incapacity of the principal, acts in good faith under the power. Any action so taken,

unless otherwise invalid or unenforceable, binds the principal and the principal's

successors in interest.
N.D. Cent. Code § 30.1-31-21 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-21
30.1-31-21. (6-301) Definitions
Status: in_force

30.1-31-21. (6-301) Definitions

As used in sections 30.1-31-21 through 30.1-31-30:

1. "Beneficiary form" means a registration of a security which indicates the present owner

of the security and the intention of the owner regarding the person who will become

the owner of the security upon the death of the owner.

2. "Register", including its derivatives, means to issue a certificate showing the

ownership of a certificated security or, in the case of an uncertificated security, to

initiate or transfer an account showing ownership of securities.

3. "Registering entity" means a person who originates or transfers a security title by

registration, and includes a broker maintaining security accounts for customers and a

transfer agent or other person acting for or as an issuer of securities.

4. "Security" means a share, participation, or other interest in property, in a business, or

in an obligation of an enterprise or other issuer, and includes a certificated security, an

uncertificated security, and a security account.

5. "Security account" means a reinvestment account associated with a security, a

securities account with a broker, a cash balance in a brokerage account, cash, cash

equivalents, interest, earnings, or dividends earned or declared on a security in an

account, a reinvestment account, or a brokerage account, whether or not credited to

the account before the owner's death; an investment management or custody account

with a trust company or a trust division of a bank, credit union, or any other financial

institution with trust powers, including the securities in the account, a cash balance in

the account, and cash, cash equivalents, interest, earnings, or dividends earned or

declared on a security in the account, whether or not credited to the account before

the owner's death; or a cash balance or other property held for or due to the owner of

a security as a replacement for or product of an account security, whether or not

credited to the account before the owner's death.
N.D. Cent. Code § 30.1-15-13 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-13
30.1-15-13. (3-413) Formal testacy proceedings - Vacation of order for other cause
Status: in_force

30.1-15-13. (3-413) Formal testacy proceedings - Vacation of order for other cause

For good cause shown, an order in a formal testacy proceeding may be modified or vacated

within the time allowed for appeal.
N.D. Cent. Code § 30.1-10.1-01 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-01
30.1-10.1-01. (2-1102) Definitions
Status: in_force

30.1-10.1-01. (2-1102) Definitions

In this chapter:

1. "Beneficiary designation" means an instrument, other than an instrument creating a

trust, naming the beneficiary of an insurance or annuity policy; an account with a

designation for payment on death; a security registered in beneficiary form; a pension,

profit-sharing, retirement, or other employment-related benefit plan; or any other

nonprobate transfer at death.

2. "Disclaimant" means the person to whom the disclaimed interest or power would have

passed had the disclaimer not been made.

3. "Disclaimed interest" means the interest or share to which the disclaimant would have

been entitled had the disclaimer not been made.

4. "Disclaimer" means a refusal to accept an interest in, or power over, property.

5. "Distribution time" means the time when the disclaimed interest would have taken

effect in possession or enjoyment.

6. "Fiduciary" means a personal representative, trustee, an agent acting under a power

of attorney, or other person authorized to act as a fiduciary with respect to the property

of another person.

7. "Future interest" means an interest that takes effect in possession or enjoyment, if at

all, after the time of its creation.

8. "Jointly held property" means property held in the name of two or more persons under

an arrangement in which all holders have concurrent interests and under which the

last surviving holder is entitled to the whole of the property.

9. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

10. "Signed" means, with present intent to authenticate or adopt a record, to execute or

adopt a tangible symbol, or attach to or logically associate with the record an

electronic sound, symbol, or process.

11. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan

native village, which is recognized by federal law or formally acknowledged by a state.

12. "Trust" means an express trust, charitable or noncharitable, with additions, whenever

and however created; and means a trust created pursuant to a statute, judgment, or

decree which requires the trust to be administered in the manner of an express trust.
N.D. Cent. Code § 30.1-16-03 — ND Code / Title 30.1 / Chapter 30.1-16 / Section 30.1-16-03
30.1-16-03. (3-503) Supervised administration - Effect on other proceedings
Status: in_force

30.1-16-03. (3-503) Supervised administration - Effect on other proceedings

1. The pendency of a proceeding for supervised administration of a decedent's estate

stays action on any informal application then pending or thereafter filed.

2. If a will has been previously probated in informal proceedings, the effect of the filing of

a petition for supervised administration is as provided for formal testacy proceedings

by section 30.1-15-01.

3. After receiving notice of the filing of a petition for supervised administration, a personal

representative who has been appointed previously shall not exercise the power to

distribute any estate. The filing of the petition does not affect the personal

representative's other powers and duties unless the court restricts the exercise of any

of them pending full hearing on the petition.
N.D. Cent. Code § 30.1-32.1-11 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-11
30.1-32.1-11. Disclaimer
Status: in_force

30.1-32.1-11. Disclaimer

A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter

30.1-10.1.
N.D. Cent. Code § 30.1-31-28 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-28
30.1-31-28. (6-308) Protection of registering entity
Status: in_force

30.1-31-28. (6-308) Protection of registering entity

1. A registering entity is not required to offer or to accept a request for security

registration in beneficiary form. If a registration in beneficiary form is offered by a

registering entity, the owner requesting registration in beneficiary form assents to the

protections given to the registering entity by sections 30.1-31-21 through 30.1-31-30.

2. By accepting a request for registration of a security in beneficiary form, the registering

entity agrees that the registration will be implemented on death of the deceased owner

as provided in sections 30.1-31-21 through 30.1-31-30.

3. A registering entity is discharged from all claims to a security by the estate, creditors,

heirs, or devisees of a deceased owner if it registers a transfer of the security in

accordance with section 30.1-31-27 and does so in good-faith reliance on the

registration, on sections 30.1-31-21 through 30.1-31-30, and on information provided

to it by affidavit of the personal representative of the deceased owner, or by the

surviving beneficiary or by the surviving beneficiary's representatives, or other

information available to the registering entity. The protections of sections 30.1-31-21

through 30.1-31-30 do not extend to a reregistration or payment made after a

registering entity has received written notice from any claimant to any interest in the

security objecting to implementation of a registration in beneficiary form. No other

notice or other information available to the registering entity affects its right to

protection under sections 30.1-31-21 through 30.1-31-30.

4. The protection provided by sections 30.1-31-21 through 30.1-31-30 to the registering

entity of a security does not affect the rights of beneficiaries in disputes between

themselves and other claimants to ownership of the security transferred or its value or

proceeds.
N.D. Cent. Code § 30.1-04-03.1 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-03.1
30.1-04-03.1. (2-113) Individuals related to decedent through two lines
Status: in_force

30.1-04-03.1. (2-113) Individuals related to decedent through two lines

An individual who is related to the decedent through two lines of relationship is entitled to

only a single share based on the relationship that would entitle the individual to the larger share.
N.D. Cent. Code § 30.1-27-10 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-10
30.1-27-10. (5-210) Termination of appointment of guardian - General
Status: repealed

30.1-27-10. (5-210) Termination of appointment of guardian - General

Repealed by S.L. 2019, ch. 274, § 9.
N.D. Cent. Code § 30.1-08.1-02 — ND Code / Title 30.1 / Chapter 30.1-08.1 / Section 30.1-08.1-02
30.1-08.1-02. Parties - Process
Status: in_force

30.1-08.1-02. Parties - Process

Any beneficiary named in the will and all the testator's present intestate successors shall be

named parties to the proceeding. For the purposes of this chapter, any beneficiary named in the

will and all the testator's present intestate successors shall be deemed possessed of inchoate

property rights.

Service of process upon the parties to the proceeding shall be made in accordance with rule

4 of the North Dakota Rules of Civil Procedure.
N.D. Cent. Code § 30.1-28-03 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-03
30.1-28-03. (5-303) Procedure for court appointment of a guardian of an incapacitated person
Status: in_force

30.1-28-03. (5-303) Procedure for court appointment of a guardian of an incapacitated

person.

1. Any person interested in the welfare of an allegedly incapacitated person may petition

for the appointment of a guardian. No filing fee under this or any other section may be

required when a petition for guardianship of an incapacitated person is filed by a

member of the individual treatment plan team for the alleged incapacitated person or

by any state employee in the performance of official duties.

2. The petition for appointment of a guardian must state:

a. The name, address, and corporate or agency status of the petitioner, and its

connection with or relationship to the proposed ward;

b. The name, age, and address of the proposed ward;

c. The name and address of any person or institution having care or custody over

the proposed ward;

d. The names and addresses of the spouse, parents, and adult children or, if none,

any adult siblings and any adult with whom the proposed ward resides in a

private residence, or, if none, the nearest adult relative;

e. A brief description of and the approximate value of the real and personal property

and income of the proposed ward, so far as they are known to the petitioner;

f. The extent of guardianship authority sought, including full authority, limited

authority, or no authority in each area of residential, educational, medical, legal,

vocational, and financial decisionmaking unless the petitioner is undecided on the

extent of authority in any area, in which case the petition must state the specific

areas in which the authority is sought;

g. The occupation and qualifications of the proposed guardian;

h. The name and address of the attorney, if known, who most recently represented

the proposed ward;

i. A statement alleging specific facts establishing the necessity for the appointment

of a guardian;

j. The name and address of any current conservator appointed for the proposed

ward;

k. The name and address of any person designated as an attorney in fact or agent

in a power of attorney or as an agent in a health care directive;

l. The name and address of any representative payee for the proposed ward;

m. That less intrusive alternatives to guardianship have been considered;

n. In the form of an attached recent statement, the physical, neurological, and

psychological limitations of the proposed ward from an expert examiner, if

available;

o. Whether the petition seeks to restrict any of the following rights:

(1) To vote;

(2) To seek to change marital status;

(3) To obtain or retain a motor vehicle operator's license; or

(4) To use, own, control, or possess a firearm; and

p. If the proposed guardian seeks authority for involuntary treatment with prescribed

mood stabilizer or antipsychotic medication under section 30.1-28-16, facts

specified under subsection 3 of section 30.1-28-16. The petitioner also shall

attach a recent report under subsection 2 of section 30.1-28-16.

3. Upon the filing of a petition, the court promptly shall set a date for hearing on the

issues of incapacity, appoint an attorney to act as guardian ad litem, appoint an expert

examiner to examine the proposed ward, and appoint a visitor to interview the

proposed guardian and the proposed ward. The proposed guardian shall attend the

hearing on the petition unless excused by the court for good cause.

4. The duties of the guardian ad litem include:

a. Personally interviewing the proposed ward;

b. Explaining the guardianship proceeding to the proposed ward in the language,

mode of communication, and terms that the proposed ward is most likely to

understand, including the nature and possible consequences of the proceeding,

the right to which the proposed ward is entitled, and the legal options that are

available, including the right to retain an attorney to represent the proposed ward;

c. Advocating for the best interests of the proposed ward. The appointed attorney

serving as legal guardian ad litem may not represent the proposed ward or ward

in a legal capacity;

d. Submitting a written report to the court containing the guardian ad litem's

response to the petition and an assessment of the proposed ward's ability to

attend the hearing either in person or by remote means; and

e. Reviewing the visitor's written report submitted in accordance with subdivision h

and i of subsection 6 and discussing the report with the proposed ward.

5. The expert examiner shall examine the proposed ward and submit a written report to

the court. The written report must contain:

a. A description of the nature and degree of any current incapacity or disability,

including the medical or psychological history, if reasonably available;

b. A medical prognosis or psychological evaluation specifying the estimated severity

and duration of any current incapacity or disability;

c. A statement as to how or in what manner any underlying condition of physical or

mental health affects the proposed ward's ability to provide for personal needs;

and

d. A statement as to whether any current medication or physical or mental condition

affects the demeanor of the proposed ward or the ability of the proposed ward to

attend and participate fully in any court proceeding or in any other procedure

required by the court or by court rule.

6. The visitor shall have the following duties:

a. To meet, interview, and consult with the proposed ward regarding the

guardianship proceeding, including explaining the purpose for the interview in a

manner the proposed ward can reasonably be expected to understand.

b. To ascertain the proposed ward's views concerning the proposed guardian, the

powers and duties of the proposed guardian, the proposed guardianship, and the

scope and duration thereof.

c. To interview the person seeking appointment as guardian.

d. To interview other persons interested in the welfare of the proposed ward.

e. To visit the proposed ward's present place of residence.

f. To discuss an alternative resource plan with the proposed ward, if appropriate.

g. To obtain other relevant information as directed by the court.

h. To submit a written report to the court.

i. The visitor's written report must contain:

(1) A description of the nature and degree of any current impairment of the

proposed ward's understanding or capacity to make or communicate

decisions;

(2) A statement of the qualifications and appropriateness of the proposed

guardian and a recommendation regarding whether the proposed guardian

should be appointed;

(3) If the visitor recommends the proposed guardian should not be appointed, a

recommendation regarding an alternative individual or entity that should be

appointed as guardian;

(4) Recommendations, if any, on the powers to be granted to the proposed

guardian, including an evaluation of the proposed ward's capacity to perform

the functions enumerated under subsections 3 and 4 of section 30.1-28-04;

(5) An assessment of the capacity of the proposed ward to perform the

activities of daily living; and

(6) An assessment of the proposed ward's ability to attend the hearing either in

person or by remote means.

7. In determining whether appointment of a guardian is appropriate, the court shall

consider the reports ordered by the court under this section from a guardian ad litem,

visitor, and an expert examiner. The court, guardian ad litem, petitioner, or proposed

ward may subpoena the individual who prepared and submitted the report to appear,

testify, and be cross-examined.

8. The proposed ward must be present at the hearing in person or by remote means,

unless good cause is shown for the absence. Good cause does not consist only of the

physical difficulty of the proposed ward to attend the hearing. The proposed ward has

the right to present evidence, and to cross-examine witnesses, including the

court-appointed expert examiner and the visitor.

9. Every hearing under this chapter must be closed to the public unless the proposed

ward, the ward, the attorney, or guardian ad litem of the proposed ward or ward

requests it remain open. An individual or entity may request permission to observe or

participate in the hearing and the request must be granted if the court determines the

applicant's participation would be in the best interest of the proposed ward or ward.

10. The court shall take all necessary steps to make the courts and court proceedings

accessible and understandable to impaired persons. Accordingly, the court may

convene temporarily, or for the entire proceeding, at any other location if it is in the

best interest of the proposed ward.

11. If the court appoints a visitor, lawyer, or expert examiner in a guardianship proceeding,

that person may receive reasonable compensation from the ward's estate if the

compensation will not unreasonably jeopardize the ward's well-being.

12. If the court approves a guardian or emergency guardian in a guardianship proceeding,

that person may receive reasonable compensation and reimbursement from the ward's

estate if the compensation and reimbursement will not unreasonably jeopardize the

ward's well-being and estate. The court shall consider the following factors when

determining what constitutes reasonable compensation and reimbursement:

a. The size and nature of the ward's estate;

b. The benefit to the ward, or the ward's estate, of the guardian's services;

c. The necessity for the services performed;

d. The ward's anticipated future needs and income;

e. The time spent by the guardian in the performance of the services;

f. Whether the services were routine or required more than ordinary skill or

judgment;

g. Any unusual skill, expertise, or experience brought to the performance of the

services;

h. The guardian's estimate of the value of the services performed;

i. The fee customarily charged in the community for similar services;

j. The nature and length of the relationship with the ward;

k. The experience, reputation, diligence, and ability of the person performing the

service;

l. Any conflict of interest the guardian may have; and

m. Whether the appointment as guardian precluded the guardian from other

employment.

13. The court may determine the weight to be given to each factor under subsection 12,

and to any other factor the court considers relevant. A separate finding is not required

for each factor, but the court's findings must contain sufficient specificity to show the

factual basis for the court's determination.

14. The court must approve compensation and reimbursement before payment to the

guardian is made.
N.D. Cent. Code § 30.1-28-04 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-04
30.1-28-04. (5-304) Findings - Order of appointment
Status: in_force

30.1-28-04. (5-304) Findings - Order of appointment

1. The court shall exercise the authority conferred in this chapter consistent with the

maximum self-reliance and independence of the incapacitated person and make

appointive and other orders only to the extent necessitated by the incapacitated

person's actual mental and adaptive limitations or other conditions warranting the

procedure.

2. At a hearing held under this chapter, the court shall:

a. Hear evidence that the proposed ward is an incapacitated person. Age,

eccentricity, poverty, or medical diagnosis alone is not sufficient to justify a finding

of incapacity;

b. Hear evidence and determine whether there are any existing general durable

powers of attorney and durable powers of attorney for health care. If there are

validly executed durable powers of attorney, the court shall consider the

appointed attorneys in fact and agents appointed thereunder when assessing

alternative resource plans and the need for a guardian; and

c. Appoint a guardian and confer specific powers of guardianship only after finding

in the record based on clear and convincing evidence that:

(1) The proposed ward is an incapacitated person;

(2) There is no available alternative resource plan that is suitable to safeguard

the proposed ward's health, safety, or habilitation which could be used

instead of a guardianship;

(3) The guardianship is necessary as the best means of providing care,

supervision, or habilitation of the ward; and

(4) The powers and duties conferred upon the guardian are appropriate as the

least restrictive form of intervention consistent with the ability of the ward for

self-care.

3. Except upon specific findings of the court, a ward may not be deprived of any of the

following legal rights: to vote, to seek to change marital status, or to obtain or retain a

motor vehicle operator's license.

4. The court may find that the ward retains other specific rights.

5. The order appointing a guardian confers upon the guardian only those powers and

duties specified in the order. In addition to any other powers conferred upon the

guardian, the court's order must state whether the guardian has no authority, general

authority, or limited authority to make decisions on behalf of the ward in each of the

areas of residential, educational, medical, legal, vocational, and financial

decisionmaking. A grant of limited authority must specify the limitations upon the

authority of the guardian or the authority retained by the ward. The court's order must

require the guardian to provide within ninety days from the date of the order a

beginning inventory of all assets owned by the ward or in which the ward has an

interest. The guardian shall provide a copy of the beginning inventory to those

identified in section 30.1-28-09.1. Unless terminated earlier by the court, an order

appointing or reappointing a guardian under this section is effective for up to five

years. At least ninety days before the expiration of the initial order of appointment or

any following order of reappointment, the court shall request and consider information

submitted by the guardian, ward, ward's attorney, if any, and any interested persons

regarding whether the need for a guardian continues to exist. If it is recommended that

the guardianship continue, the court may appoint a guardian ad litem, visitor, or all, in

accordance with section 30.1-28-03. The court shall hold a hearing on whether the

guardianship should continue. Following the hearing and consideration of submitted

information, the court may reappoint the guardian for up to another five years, allow

the existing order to expire, or appoint a new guardian in accordance with this section.

If a review hearing cannot be held before the expiration of an initial order for

guardianship, the court may extend the initial order for up to an additional ninety days

upon good cause shown. New letters of guardianship must be issued reflecting the

extended expiration date. The supreme court, by rule or order, shall provide for the

regular review of guardianship in existence on August 1, 2015.

6. Unless a court of competent jurisdiction determines otherwise, a durable power of

attorney for health care executed pursuant to chapter 23-06.5 takes precedence over

any authority to make medical decisions granted to a guardian pursuant to chapter

30.1-28.

7. The court may require a guardian to furnish a bond in the amount and with sureties as

the court specifies.

8. After the hearing, the guardian ad litem, visitor, and expert examiner must be

discharged of their duties.
N.D. Cent. Code § 30.1-29-25 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-25
30.1-29-25. (5-425) Distributive duties and powers of conservator
Status: in_force

30.1-29-25. (5-425) Distributive duties and powers of conservator

1. A conservator may expend or distribute income or principal of the estate without court

authorization or confirmation for the support, education, care, or benefit of the

protected person and the protected person's dependents in accordance with the

following principles:

a. The conservator is to consider recommendations relating to the appropriate

standard of support, education, and benefit for the protected person made by a

parent or guardian, if any. The conservator may not be surcharged for sums paid

to persons or organizations actually furnishing support, education, or care to the

protected person pursuant to the recommendations of a parent or guardian of the

protected person unless the conservator knows that the parent or guardian is

deriving personal financial benefit therefrom, including relief from any personal

duty of support, or unless the recommendations are clearly not in the best

interests of the protected person.

b. The conservator is to expend or distribute sums reasonably necessary for the

support, education, care, or benefit of the protected person with due regard to:

(1) The size of the estate, the probable duration of the conservatorship, and the

likelihood that the protected person, at some future time, may be fully able

to manage the protected person's affairs and the estate which has been

conserved for the protected person.

(2) The accustomed standard of living of the protected person and members of

the protected person's household.

(3) Other funds or sources used for the support of the protected person.

c. The conservator may expend funds of the estate for the support of persons

legally dependent on the protected person and others who are members of the

protected person's household, who are unable to support themselves, and who

are in need of support.

d. Funds expended under this subsection may be paid by the conservator to any

person, including the protected person, to reimburse for expenditures that the

conservator might have made, or in advance for services to be rendered to the

protected person when it is reasonable to expect that they will be performed and

advance payments are customary or reasonably necessary under the

circumstances.

2. If the estate is ample to provide for the purposes implicit in the distributions authorized

by the preceding subsection, a conservator for a protected person other than a minor

has power to make gifts to charity and other objects as the protected person might

have been expected to make, in amounts which do not exceed in total for any year

twenty percent of the income from the estate.

3. When a minor who has not been adjudged disabled under subsection 2 of section

30.1-29-01 attains majority, the minor's conservator, after meeting all prior claims and

expenses of administration, shall pay over and distribute all funds and properties to the

former protected person as soon as possible. A final report must be filed as provided in

section 30.1-29-19.

4. When the court has determined the conservatorship is no longer needed, the

conservator, after meeting all prior claims and expenses of administration, shall pay

over and distribute all funds and properties to the former protected person as soon as

possible. A final report must be filed as provided in section 30.1-29-19.

5. If a protected person dies, the conservator shall deliver to the court for safekeeping

any will of the deceased protected person which may have come into the conservator's

possession, inform the executor or a beneficiary named therein that the conservator

has done so, and retain the estate for delivery to a duly appointed personal

representative of the decedent or other persons entitled thereto. If after forty days from

the death of the protected person no other person has been appointed personal

representative and no application or petition for appointment is before the court, the

conservator may apply to exercise the powers and duties of a personal representative

so that the conservator may proceed to administer and distribute the decedent's estate

without additional or further appointment. Upon application for an order granting the

powers of a personal representative to a conservator, after notice to any person

demanding notice under section 30.1-13-04, those identified in section 30.1-29-05.1,

and to any person nominated executor in any will of which the applicant is aware, the

court may order the conferral of the power upon determining that there is no objection,

and endorse the letters of the conservator to note that the formerly protected person is

deceased and that the conservator has acquired all of the powers and duties of a

personal representative. The making and entry of an order under this section has the

effect of an order of appointment of a personal representative as provided in section

30.1-14-08 and chapters 30.1-17 through 30.1-21, except that estate in the name of

the conservator, after administration, may be distributed to the decedent's successors

without prior retransfer to the conservator as personal representative.
N.D. Cent. Code § 30.1-02-02 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-02
30.1-02-02. (1-302) Subject matter jurisdiction
Status: in_force

30.1-02-02. (1-302) Subject matter jurisdiction

The district court has jurisdiction over all subject matter relating to guardianship, probate,

and testamentary matters, including:

1. Estates of decedents, including construction of wills and determination of heirs and

successors of decedents.

2. Estates of protected persons.

3. Protection of minors and incapacitated persons.

4. Trusts.
N.D. Cent. Code § 30.1-08.2-04 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-04
30.1-08.2-04. (2-1004) International wills - Other points of form
Status: in_force

30.1-08.2-04. (2-1004) International wills - Other points of form

1. The signatures must be placed at the end of the will. If the will consists of several

sheets, each sheet must be signed by the testator or, if the testator is unable to sign,

by the person signing on the testator's behalf or, if there is no such person, by the

authorized person. In addition, each sheet must be numbered.

2. The date of the will must be the date of its signature by the authorized person. That

date must be noted at the end of the will by the authorized person.

3. The authorized person shall ask whether the testator wishes to make a declaration

concerning the safekeeping of the testator's will. If so and at the express request of the

testator, the place where the testator intends to have the testator's will kept must be

mentioned in the certificate provided for in section 30.1-08.2-05.

4. A will executed in compliance with section 30.1-08.2-03 is not invalid merely because it

does not comply with this section.
N.D. Cent. Code § 30.1-09-13 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-13
30.1-09-13. (2-514) Contracts concerning succession
Status: in_force

30.1-09-13. (2-514) Contracts concerning succession

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if

executed after July 1, 1975, can be established only by:

1. Provisions of a will stating material provisions of the contract;

2. An express reference in a will to a contract and extrinsic evidence proving the terms of

the contract; or

3. A writing signed by the decedent evidencing the contract.

The execution of a joint will or mutual wills does not create a presumption of a contract not to

revoke the will or wills.
N.D. Cent. Code § 30.1-36-01 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-01
30.1-36-01. Definitions
Status: in_force

30.1-36-01. Definitions

As used in this chapter:

1. "Intentional misconduct" means conduct by a supporter with actual knowledge at the

time of the conduct that the conduct is unnecessarily harmful to the health or

well-being of a named individual.

2. "Named individual" is the individual identified in a supported decisionmaking

agreement who is to receive decisionmaking assistance.

3. "Supported decisionmaking" means assistance from a person of a named individual's

choosing:

a. To identify, collect, and organize documents that apply to a decision the named

individual is considering;

b. To identify, collect, and organize information that may be helpful to the named

individual when making a decision;

c. To help the named individual understand documents;

d. To identify choices available for a responsible decision;

e. To identify advantages and disadvantages of available choices;

f. To communicate any decision by the named individual to others at the request of

the named individual; or

g. To explain the decisionmaking process allowed under this subsection to the court

in any proceeding to create or modify a guardianship or conservatorship for the

named individual.

4. "Supported decisionmaking agreement" means a written, signed, dated, and

witnessed understanding between a named individual and a trusted adult who agrees

to provide assistance for decisionmaking to maximize the named individual's ability to

make informed, voluntary choices, including choices within:

a. Health care.

b. Residence.

c. Finances.

d. Education.

e. Legal affairs.

f. Vocation.

5. "Supporter" is a person that has signed a supported decisionmaking agreement,

agreeing to provide assistance to the named individual.
N.D. Cent. Code § 30.1-19-12 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-12
30.1-19-12. (3-812) Execution and levies prohibited
Status: in_force

30.1-19-12. (3-812) Execution and levies prohibited

No execution may issue upon nor may any levy be made against any property of the estate

under any judgment against a decedent or a personal representative, but this section shall not

be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal

property in an appropriate proceeding.
N.D. Cent. Code § 30.1-17-17 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-17
30.1-17-17. (3-617) Special administrator - Formal proceedings - Power and duties
Status: in_force

30.1-17-17. (3-617) Special administrator - Formal proceedings - Power and duties

A special administrator appointed by order of the court in any formal proceeding has the

power of a general personal representative, except as limited in the appointment, and duties as

prescribed in the order. The appointment may be for a specified time, to perform particular acts,

or on other terms as the court may direct.
N.D. Cent. Code § 30.1-29-22 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-22
30.1-29-22. (5-422) Authorization of single transaction to sell real property of the protected person
Status: in_force

30.1-29-22. (5-422) Authorization of single transaction to sell real property of the

protected person.

1. Any sale or encumbrance to a conservator, the conservator's spouse, agent, or

attorney, or any corporation, limited liability company, or trust in which the conservator

has a substantial beneficial interest, or any transaction which is affected by a

substantial conflict of interest is voidable unless the transaction is approved by the

court, after notice to interested persons and others as directed by the court.

2. A conservator shall move the court for authorization to sell real property of the person

to be protected, upon such terms as the court may order, for the purpose of paying the

protected person's debts; providing for the care, maintenance, rehabilitation, training,

or education of the person to be protected or the dependents of the person to be

protected; or for any other purpose in the best interests of the person to be protected.

a. The motion must contain:

(1) A description of the property;

(2) The details of the sale;

(3) The reason for the transaction;

(4) The current fair market value of the property, including an appraisal unless

good cause is shown;

(5) An explanation of why the transaction is in the best interest of the person to

be protected; and

(6) A notice that any person interested in the real property of the person to be

protected must file an objection to the transaction within ten days of the

notice and demand a hearing.

b. The motion must be served upon those identified in section 30.1-29-05.1.

c. Consent of the spouse of the person to be protected or interested persons must

be filed with the motion. If the motion is unopposed, the court may authorize the

transaction without a hearing or may conduct a hearing and require proof of the

matters necessary to support the authorization of the transaction.

d. The court's order must include specific findings regarding whether the transaction

is in the best interests of the person to be protected.
N.D. Cent. Code § 30.1-18-07 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-07
30.1-18-07. (3-707) Employment of appraisers
Status: in_force

30.1-18-07. (3-707) Employment of appraisers

The personal representative may employ a qualified and disinterested appraiser to assist

the personal representative in ascertaining the fair market value as of the date of the decedent's

death of any asset the value of which may be subject to reasonable doubt. Different persons

may be employed to appraise different kinds of assets included in the estate. The names and

addresses of any appraiser shall be indicated on the inventory with the item or items the

appraiser appraised.
N.D. Cent. Code § 30.1-30-05 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-05
30.1-30-05. (5-505) Proof of continuance of durable and other powers of attorney by affidavit
Status: in_force

30.1-30-05. (5-505) Proof of continuance of durable and other powers of attorney by

affidavit.

As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in

fact under a power of attorney, durable or otherwise, stating that the attorney in fact did not have

at the time of exercise of the power actual knowledge of the termination of the power by

revocation or of the principal's death, disability, or incapacity is conclusive proof of the

nonrevocation or nontermination of the power at that time. If the exercise of the power of

attorney requires execution and delivery of any instrument that is recordable, the affidavit when

authenticated for record is likewise recordable. This section does not affect any provision in a

power of attorney for its termination by expiration of time or occurrence of an event other than

express revocation or a change in the principal's capacity.
N.D. Cent. Code § 30.1-27-11 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-11
30.1-27-11. (5-211) Proceedings subsequent to approval or findings - Transfer to juvenile court
Status: in_force

30.1-27-11. (5-211) Proceedings subsequent to approval or findings - Transfer to

juvenile court.

1. Upon approval of the guardian's acceptance of the appointment of the guardian of a

minor and issuance of the letters of guardianship, the court shall transfer the

guardianship file to the juvenile court where the minor resides.

2. The juvenile court under section 27-20.1-02 has exclusive jurisdiction for any filings or

proceedings subsequent to approval and issuance of the letters of guardianship.
N.D. Cent. Code § 30.1-24-04 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-04
30.1-24-04. (4-203) Resident creditor notice
Status: in_force

30.1-24-04. (4-203) Resident creditor notice

Payment or delivery under section 30.1-24-02 may not be made if a resident creditor of the

nonresident decedent has notified the debtor of the nonresident decedent or the person having

possession of the personal property belonging to the nonresident decedent that the debt should

not be paid nor the property delivered to the domiciliary foreign personal representative.
N.D. Cent. Code § 30.1-37-06 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-06
30.1-37-06. Electronic will attested and made self-proving at time of execution
Status: in_force

30.1-37-06. Electronic will attested and made self-proving at time of execution

1. An electronic will may be simultaneously executed, attested, and made self-proving by

acknowledgment of the testator and affidavits of the witnesses.

2. The acknowledgment and affidavits under subsection 1 must be:

a. Made before an officer authorized to administer oaths under law of the state in

which execution occurs; and

b. Evidenced by the officer's certificate under official seal affixed to or logically

associated with the electronic will.

3. The acknowledgment and affidavits under subsection 1 must be in substantially the

following form:

STATE OF ____________________

COUNTY OF ____________________

I, ______________________, the testator, sign my name to this instrument this

__________ day of _______, _____, and being first sworn, declare to the undersigned

authority that I sign and execute this instrument as my electronic will and that I sign it

willingly or willingly direct another to sign for me, that I execute it as my free and

voluntary act for the purposes therein expressed, and that I am 18 years of age or

older, of sound mind, and under no constraint or undue influence.

______________________________

Testator

We, __________________, _________________, the witnesses, sign our names

to this instrument, and being first sworn, declare to the undersigned authority that the

testator signs and executes this instrument as the testator's electronic will and that the

testator signs it willingly or willingly directs another to sign for the testator, and that

each of us, in the presence and hearing of the testator, signs this electronic will as

witness to the testator's signing, and that to the best of our knowledge the testator is

18 years of age or older, of sound mind, and under no constraint or undue influence.

______________________________

Witness

______________________________

Witness

Subscribed, sworn to, and acknowledged before me by __________, the testator,

and subscribed and sworn to before me by ___________ and __________, witnesses,

this ________ day of ________________.

(SEAL) (Signed)______________________________

______________________________

(Official capacity of officer)

4. A signature physically or electronically affixed to an affidavit that is affixed to or

logically associated with an electronic will under this chapter is deemed a signature of

the electronic will under subsection 1 of section 30.1-37-04.
N.D. Cent. Code § 30.1-16-01 — ND Code / Title 30.1 / Chapter 30.1-16 / Section 30.1-16-01
30.1-16-01. (3-501) Supervised administration - Nature of proceeding
Status: in_force

30.1-16-01. (3-501) Supervised administration - Nature of proceeding

Supervised administration is a single in rem proceeding to secure complete administration

and settlement of a decedent's estate under the continuing authority of the court which extends

until entry of an order approving distribution of the estate and discharging the personal

representative, or other order terminating the proceeding. A supervised personal representative

is responsible to the court, as well as to the interested parties, and is subject to directions

concerning the estate made by the court on its own motion or on the motion of any interested

party. Except as otherwise provided in this chapter, or as otherwise ordered by the court, a

supervised personal representative has the same duties and powers as a personal

representative who is not supervised.
N.D. Cent. Code § 30.1-04-03 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-03
30.1-04-03. (2-103) Share of heirs other than surviving spouse
Status: in_force

30.1-04-03. (2-103) Share of heirs other than surviving spouse

Any part of the intestate estate not passing to a decedent's surviving spouse under section

30.1-04-02, or the entire intestate estate if there is no surviving spouse, passes in the following

order to the individuals who survive the decedent:

1. To the decedent's descendants by representation.

2. If there is no surviving descendant, to the decedent's parents equally if both survive, or

to the surviving parent.

3. If there is no surviving descendant or parent, to the descendants of the decedent's

parents or either of them by representation.

4. If there is no surviving descendant, parent, or descendant of a parent, but the

decedent is survived on both the paternal and maternal sides by one or more

grandparents or descendants of grandparents:

a. Half to the decedent's paternal grandparents equally if both survive, or to the

surviving paternal grandparent, or to the descendants of the decedent's paternal

grandparents or either of them if both are deceased, the descendants taking by

representation; and

b. Half to the decedent's maternal grandparents equally if both survive, or to the

surviving maternal grandparent, or to the descendants of the decedent's maternal

grandparents or either of them if both are deceased, the descendants taking by

representation.

5. If there is no surviving descendant, parent, or descendant of a parent, but the

decedent is survived by one or more grandparents or descendants of grandparents on

the paternal but not the maternal side, or on the maternal but not the paternal side, to

the decedent's relatives on the side with one or more surviving members in the

manner as described in subsection 4.

6. If there is no surviving spouse, descendant, parent, descendant of a parent,

grandparent, or descendant of a grandparent, but the intestate decedent has one

deceased spouse who has one or more descendants who survive the decedent, to

those descendants by representation or has more than one deceased spouse who has

one or more descendants who survive the decedent, the estate is divided into as many

equal shares as there are deceased spouses, each share passing to those

descendants by representation.
N.D. Cent. Code § 30.1-29-12 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-12
30.1-29-12. (5-412) Terms and requirements of bonds
Status: in_force

30.1-29-12. (5-412) Terms and requirements of bonds

1. The following requirements and provisions apply to any bond required under section

30.1-29-11:

a. Unless otherwise provided by the terms of the approved bond, sureties are jointly

and severally liable with the conservator and with each other.

b. By executing an approved bond of a conservator, the surety consents to the

jurisdiction of the court which issued letters to the primary obligor in any

proceeding pertaining to the fiduciary duties of the conservator and naming the

surety as a party defendant. Notice of any proceeding shall be delivered to the

surety or mailed to the surety by registered or certified mail at the surety's

address as listed with the court where the bond is filed and to the surety's

address as then known to the petitioner.

c. On petition of a successor conservator or any interested person, a proceeding

may be initiated against a surety for breach of the obligation of the bond of the

conservator.

d. The bond of the conservator is not void after the first recovery but may be

proceeded against from time to time until the whole penalty is exhausted.

2. No proceeding may be commenced against the surety on any matter as to which an

action or proceeding against the primary obligor is barred by adjudication or limitation.
N.D. Cent. Code § 30.1-05-03 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-03
30.1-05-03. (2-209) Sources from which elective share payable
Status: in_force

30.1-05-03. (2-209) Sources from which elective share payable

1. In a proceeding for an elective share, the following are applied first to satisfy the

elective-share amount and to reduce or eliminate any contributions due from the

decedent's probate estate and recipients of the decedent's nonprobate transfers to

others:

a. Amounts included in the augmented estate under subdivision a of subsection 2 of

section 30.1-05-02 which pass or have passed to the surviving spouse by testate

or intestate succession and amounts included in the augmented estate under

subdivision c of subsection 2 of section 30.1-05-02; and

b. Amounts included in the augmented estate under subdivision d of subsection 2 of

section 30.1-05-02.

2. If, after the application of subsection 1, the elective-share amount is not fully satisfied

or if the surviving spouse is entitled to a supplemental elective-share amount, amounts

included in the decedent's probate estate and in the decedent's nonprobate transfers

to others, other than amounts included under subparagraph a or b of paragraph 3 of

subdivision b of subsection 2 of section 30.1-05-02, are applied first to satisfy the

unsatisfied balance of the elective-share amount or the supplemental elective-share

amount. The decedent's probate estate and that portion of the decedent's nonprobate

transfers to others are so applied that liability for the unsatisfied balance of the

elective-share amount or for the supplemental elective-share amount is equitably

apportioned among the recipients of the decedent's probate estate and of that portion

of the decedent's nonprobate transfers to others in proportion to the value of their

interests therein.

3. If, after the application of subsections 1 and 2, the elective-share or supplemental

elective-share amount is not fully satisfied, the remaining portion of the decedent's

nonprobate transfers to others is so applied that liability for the unsatisfied balance of

the elective-share or supplemental elective-share amount is equitably apportioned

among the recipients of that remaining portion of the decedent's nonprobate transfers

to others in proportion to the value of their interests therein.
N.D. Cent. Code § 30.1-17-09 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-09
30.1-17-09. (3-609) Termination of appointment - Death or disability
Status: in_force

30.1-17-09. (3-609) Termination of appointment - Death or disability

The death of a personal representative or the appointment of a conservator for the estate of

a personal representative terminates the personal representative's appointment. Until

appointment and qualification of a successor or special representative to replace the deceased

or protected representative, the representative of the estate of the deceased or protected

personal representative, if any, has the duty to protect the estate possessed and being

administered by the decedent or ward at the time the decedent's or ward's appointment

terminates, has the power to perform acts necessary for protection, and shall account for and

deliver the estate assets to a successor or special personal representative upon the successor's

or special personal representative's appointment and qualification.
N.D. Cent. Code § 30.1-09.1-06 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-06
30.1-09.1-06. (2-706) Life insurance - Retirement plan - Account with payable on death designation - Transfer-on-death registration - Deceased beneficiary
Status: in_force

30.1-09.1-06. (2-706) Life insurance - Retirement plan - Account with payable on death

designation - Transfer-on-death registration - Deceased beneficiary.

1. In this section:

a. "Alternative beneficiary designation" means a beneficiary designation that is

expressly created by the governing instrument and, under the terms of the

governing instrument, can take effect instead of another beneficiary designation

on the happening of one or more events, including survival of the decedent or

failure to survive the decedent, whether an event is expressed in

condition-precedent, condition-subsequent, or any other form.

b. "Beneficiary" means the beneficiary of a beneficiary designation under which the

beneficiary must survive the decedent and includes a class member if the

beneficiary designation is in the form of a class gift and includes an individual or

class member who was deceased at the time the beneficiary designation was

executed as well as an individual or class member who was then living but who

failed to survive the decedent, but excludes a joint tenant of a joint tenancy with

the right of survivorship and a party to a joint and survivorship account.

c. "Beneficiary designation" includes an alternative beneficiary designation and a

beneficiary designation in the form of a class gift.

d. "Class member" includes an individual who fails to survive the decedent but who

would have taken under a beneficiary designation in the form of a class gift had

the individual survived the decedent.

e. "Descendant of a grandparent", as used in subsection 2, means an individual

who qualifies as a descendant of a grandparent of the decedent under the rules

of construction applicable to a class gift created in the decedent's beneficiary

designation if the beneficiary designation is in the form of a class gift or rules for

intestate succession if the beneficiary designation is not in the form of a class gift.

f. "Descendants", as used in the phrase "surviving descendants" of a deceased

beneficiary or class member in subdivisions a and b of subsection 2, mean the

descendants of a deceased beneficiary or class member who would take under a

class gift created in the beneficiary designation.

g. "Stepchild" means a child of the decedent's surviving, deceased, or former

spouse, and not of the decedent.

h. "Surviving" in the phrase "surviving beneficiary" or "surviving descendant" means

a beneficiary or a descendant who neither predeceased the decedent nor is

deemed to have predeceased the decedent under section 30.1-09.1-02.

2. If a beneficiary fails to survive the decedent and is a grandparent, a descendant of a

grandparent, or a stepchild of the decedent, the following apply:

a. Except as provided in subdivision d, if the beneficiary designation is not in the

form of a class gift and the deceased beneficiary leaves surviving descendants, a

substitute gift is created in the beneficiary's surviving descendants. They take by

representation the property to which the beneficiary would have been entitled had

the beneficiary survived the decedent.

b. Except as provided in subdivision d, if the beneficiary designation is in the form of

a class gift, other than a beneficiary designation to "issue", "descendants", "heirs

of the body", "heirs", "next of kin", "relatives", "family", or a class described by

language of similar import, a substitute gift is created in the surviving

descendants of any deceased beneficiary. The property to which the beneficiaries

would have been entitled had all of them survived the decedent passes to the

surviving beneficiaries and the surviving descendants of the deceased

beneficiaries. Each surviving beneficiary takes the share to which the surviving

beneficiary would have been entitled had the deceased beneficiaries survived the

decedent. Each deceased beneficiary's surviving descendants who are

substituted for the deceased beneficiary take by representation the share to

which the deceased beneficiary would have been entitled had the deceased

beneficiary survived the decedent. For the purposes of this subdivision,

"deceased beneficiary" means a class member who failed to survive the

decedent and left one or more surviving descendants.

c. For purposes of section 30.1-09.1-01, words of survivorship, such as in a

beneficiary designation to an individual "if the individual survives me", or in a

beneficiary designation to "my surviving children", are not, in the absence of

additional evidence, a sufficient indication of an intent contrary to the application

of this section.

d. If a governing instrument creates an alternative beneficiary designation with

respect to a beneficiary designation for which a substitute gift is created by

subdivision a or b, the substitute gift is superseded by the alternative beneficiary

designation if:

(1) The alternative beneficiary designation is in the form of a class gift and one

or more members of the class is entitled to take; or

(2) The alternative beneficiary designation is not in the form of a class gift and

the expressly designated beneficiary of the alternative beneficiary

designation is entitled to take.

3. If, under subsection 2, substitute gifts are created and not superseded with respect to

more than one beneficiary designation, and the beneficiary designations are

alternative beneficiary designations, one to the other, the determination of which of the

substitute gifts takes effect is resolved as follows:

a. Except as provided in subdivision b, the property passes under the primary

substitute gift.

b. If there is a younger-generation beneficiary designation, the property passes

under the younger-generation substitute gift and not under the primary substitute

gift.

c. In this subsection:

(1) "Primary beneficiary designation" means the beneficiary designation that

would have taken effect had all the deceased beneficiaries of the alternative

beneficiary designations who left surviving descendants survived the

decedent.

(2) "Primary substitute gift" means the substitute gift created with respect to the

primary beneficiary designation.

(3) "Younger-generation beneficiary designation" means a beneficiary

designation that is to a descendant of a beneficiary of the primary

beneficiary designation, is an alternative beneficiary designation with

respect to the primary beneficiary designation, is a beneficiary designation

for which a substitute gift is created, and would have taken effect had all the

deceased beneficiaries who left surviving descendants survived the

decedent except the deceased beneficiary or beneficiaries of the primary

beneficiary designation.

(4) "Younger-generation substitute gift" means the substitute gift created with

respect to the younger-generation beneficiary designation.

4. a. A payer is protected from liability in making payments under the terms of the

beneficiary designation until the payer has received written notice of a claim to a

substitute gift under this section. Payment made before the receipt of written

notice of a claim to a substitute gift under this section discharges the payer, but

not the recipient, from all claims for the amounts paid. A payer is liable for a

payment made after the payer has received written notice of the claim. A recipient

is liable for a payment received, whether or not written notice of the claim is

given.

b. The written notice of the claim must be mailed to the payer's main office or home

by registered mail, return receipt requested, or served upon the payer in the

same manner as a summons in a civil action. Upon receipt of written notice of the

claim, a payer may pay any amount owed by it to the court having jurisdiction of

the probate proceedings relating to the decedent's estate or, if no proceedings

have been commenced, to the court having jurisdiction of probate proceedings

relating to decedents' estates located in the county of the decedent's residence.

The court shall hold the funds and, upon its determination under this section,

shall order disbursement in accordance with the determination. Payment made to

the court discharges the payer from all claims for the amounts paid.

5. a. A person who purchases property for value and without notice, or who receives a

payment or other item of property in partial or full satisfaction of a legally

enforceable obligation, is neither obligated under this section to return the

payment, item of property, or benefit nor is liable under this section for the

amount of the payment or the value of the item of property or benefit. But a

person who, not for value, receives a payment, item of property, or any other

benefit to which the person is not entitled under this section is obligated to return

the payment, item of property, or benefit, or is personally liable for the amount of

the payment or the value of the item or property or benefit, to the person who is

entitled to it under this section.

b. If this section or any part of this section is preempted by federal law with respect

to a payment, an item of property, or any other benefit covered by this section, a

person who, not for value, receives the payment, item of property, or any other

benefit to which the person is not entitled under this section is obligated to return

the payment, item of property, or benefit, or is personally liable for the amount of

the payment or the value of the item of property or benefit, to the person who

would have been entitled to it were this section or part of this section not

pre-empted.
N.D. Cent. Code § 30.1-28-03.1 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-03.1
30.1-28-03.1. Confidentiality - Reports - Personal information
Status: in_force

30.1-28-03.1. Confidentiality - Reports - Personal information

1. A written report prepared and submitted by a guardian ad litem, visitor, or expert

examiner and annual and final reports and financial accounting prepared and

submitted by a guardian are closed to the public and are not open to inspection except

by the court, parties to the proceeding or their counsel, other persons for those

purposes as the court may order for good cause, and others authorized by court rule.

2. Medical, psychological, or other treatment information protected by federal law or

regulation and any financial account numbers related to a ward or proposed ward are

confidential and may not be disclosed except to parties to the proceeding, their

counsel, and others authorized by court rule. The court may permit access by other

persons for good cause.
N.D. Cent. Code § 30.1-32.1-03 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-03
30.1-32.1-03. Transfer on death deed revocable
Status: in_force

30.1-32.1-03. Transfer on death deed revocable

A transfer on death deed is revocable even if the deed or another instrument contains a

contrary provision.
N.D. Cent. Code § 30.1-08.1-04 — ND Code / Title 30.1 / Chapter 30.1-08.1 / Section 30.1-08.1-04
30.1-08.1-04. Admissibility of facts - Effect on other actions
Status: in_force

30.1-08.1-04. Admissibility of facts - Effect on other actions

The facts found in a proceeding brought under this chapter shall not be admissible in

evidence in any proceeding other than one brought in North Dakota to determine the validity of

a will; nor shall the determination in a proceeding under this chapter be binding, upon the

parties to such proceeding, in any action not brought to determine the validity of a will.
N.D. Cent. Code § 30.1-28-11 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-11
30.1-28-11. (5-311) Who may be guardian - Priorities
Status: in_force

30.1-28-11. (5-311) Who may be guardian - Priorities

1. Any competent person or a designated person from a suitable institution, agency, or

nonprofit group home may be appointed guardian of an incapacitated person. No

institution, agency, or nonprofit group home providing care and custody of the

incapacitated person may be appointed guardian. However, if no one else can be

found to serve as guardian, an employee of an agency, institution, or nonprofit group

home providing care and custody may be appointed guardian if the employee does not

provide direct care to the proposed ward and the court makes a specific finding that

the appointment presents no substantial risk of a conflict of interest.

2. Unless lack of qualification or other good cause dictates the contrary, the court shall

appoint a guardian in accordance with the incapacitated person's most recent

nomination in a durable power of attorney.

3. Except as provided in subsection 2, persons who are not disqualified have priority for

appointment as guardian in the following order:

a. A person nominated by the incapacitated person prior to being determined to be

incapacitated, when nominated by means other than provided in subsection 2, if

the incapacitated person is fourteen or more years of age and, in the opinion of

the court, acted with or has sufficient mental capacity to make an intelligent

choice.

b. The spouse of the incapacitated person.

c. An adult child of the incapacitated person.

d. A parent of the incapacitated person, including a person nominated by will or

other writing signed by a deceased parent.

e. Any relative of the incapacitated person with whom the incapacitated person has

resided for more than six months prior to the filing of the petition.

f. Any relative or friend who has maintained significant contacts with the

incapacitated person or a designated person from a volunteer agency.

g. A nonprofit corporation established to provide guardianship services; provided,

that the corporation does not provide direct care to incapacitated persons. The

corporation shall file with the court the name of an employee, volunteer, or other

person from the corporation who is directly responsible for the guardianship of

each incapacitated person, and shall notify the court in the event the person for

any reason ceases to so act, or if a successor is named.

h. Any appropriate government agency, including human service zones, except as

limited by subsection 1.

i. A person nominated by the person who is caring for or paying benefits to the

incapacitated person.

4. With respect to persons having equal priority, the court shall select the one it deems

best qualified to serve. The court, acting in the best interest of the incapacitated

person, may pass over a person having priority and appoint a person having a lower

priority.
N.D. Cent. Code § 30.1-10-02 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-02
30.1-10-02. (2-802) Effect of divorce, annulment, and decree of separation
Status: in_force

30.1-10-02. (2-802) Effect of divorce, annulment, and decree of separation

1. An individual who is divorced from the decedent or whose marriage to the decedent

has been annulled is not a surviving spouse unless, by virtue of a subsequent

marriage, the spouse is married to the decedent at the time of death. A decree of

separation that does not terminate the status of husband and wife is not a divorce for

purposes of this section.

2. For purposes of chapters 30.1-04 through 30.1-07 and section 30.1-13-03, a surviving

spouse does not include:

a. An individual who obtains or consents to a final decree or judgment of divorce

from the decedent or an annulment of their marriage, which decree or judgment is

not recognized as valid in this state, unless subsequently that participate in a

marriage ceremony purporting to marry each to the other or live together as

husband and wife;

b. An individual who, following an invalid decree or judgment of divorce or

annulment obtained by the decedent, participates in a marriage ceremony with a

third individual; or

c. An individual who was a party to a valid proceeding concluded by an order

purporting to terminate all marital property rights.
N.D. Cent. Code § 30.1-21-06 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-06
30.1-21-06. (3-1006) Limitations on actions and proceedings against distributees
Status: in_force

30.1-21-06. (3-1006) Limitations on actions and proceedings against distributees

Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the

accounts of a personal representative or unless otherwise barred, the claim of any claimant to

recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or

of a successor personal representative acting in their behalf, to recover property improperly

distributed or the value thereof from any distributee is forever barred at the later of:

1. Three years after the decedent's death.

2. One year after the time of distribution thereof.

This section does not bar an action to recover property or value received as the result of fraud.
N.D. Cent. Code § 30.1-29-08 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-08
30.1-29-08. (5-408) Permissible court orders
Status: in_force

30.1-29-08. (5-408) Permissible court orders

1. The court shall exercise the authority conferred in this chapter consistent with the

maximum self-reliance and independence of the protected person and make protective

orders only to the extent necessitated by the protected person's actual mental and

adaptive limitations and other conditions warranting the procedure.

2. The court has the following powers which may be exercised directly or through a

conservator, subject to section 30.1-29-22, in respect to the estate and affairs of

protected persons:

a. While a petition for appointment of a conservator or other protective order is

pending and after preliminary hearing and without prior notice to others, the court

has power to preserve and apply the property of the person to be protected as

may be required for the benefit of the person to be protected or the benefit of the

dependents of the person to be protected.

b. After hearing and upon determining that a basis for an appointment or other

protective order exists with respect to a minor, the court has all those powers over

the estate and affairs of the minor which are or might be necessary for the best

interests of the minor, the minor's family, and members of the minor's household.

c. After hearing and upon determining that appointment of a conservator or other

protective order is appropriate with respect to a person for reasons other than

minority, the court has, for the benefit of the person and members of the person's

household, all the powers over the person's estate and affairs which the person

could exercise if present and not under disability, except the power to make a will.

These powers include power to make gifts, to convey or release the person's

contingent and expectant interests in property, including marital property rights

and any right of survivorship incident to joint tenancy, to exercise or release the

person's powers as trustee, personal representative, custodian for minors,

conservator, or donee of a power of appointment, to enter into contracts, to create

revocable or irrevocable trusts of property of the estate which may extend beyond

the person's disability or life, to exercise options of the disabled person to

purchase securities or other property, to exercise the person's rights to elect

options and change beneficiaries under insurance and annuity policies and to

surrender the policies for their cash value, to exercise the person's right to an

elective share in the estate of the person's deceased spouse, and to renounce

any interest by testate or intestate succession or by inter vivos transfer.

d. The court may exercise or direct the exercise of its authority to exercise or

release powers of appointment of which the protected person is donee, to

renounce interests, to make gifts in trust or otherwise exceeding twenty percent

of any year's income of the estate, or to change beneficiaries under insurance

and annuity policies, only if satisfied, after notice to those identified in section

30.1-29-05.1 and hearing, that it is in the best interests of the protected person,

and that the protected person either is incapable of consenting or has consented

to the proposed exercise of power.

e. An order made pursuant to this section determining that appointment of a

conservator or other protective order is appropriate has no effect on the capacity

of the protected person.

3. Unless terminated earlier by the court, an order appointing or reappointing a

conservator under this section is effective for up to five years. At least ninety days

before the expiration of the initial order of appointment or any following order of

reappointment, the court shall request and consider information submitted by the

conservator, the protected person, the protected person's attorney, if any, and any

interested persons regarding whether the need for a conservator continues to exist. If

it is recommended the conservatorship continue, the court may appoint a guardian ad

litem in accordance with section 30.1-29-07. The court shall hold a hearing on whether

the conservatorship should continue. Following the hearing and consideration of

submitted information, the court may reappoint the conservator for up to another five

years, allow the existing order to expire, or appoint a new conservator in accordance

with this section. The supreme court, by rule or order, shall provide for regular review

of conservatorships in existence on August 1, 2017.
N.D. Cent. Code § 30.1-25-01 — ND Code / Title 30.1 / Chapter 30.1-25 / Section 30.1-25-01
30.1-25-01. (4-301) Jurisdiction by act of foreign personal representative
Status: in_force

30.1-25-01. (4-301) Jurisdiction by act of foreign personal representative

A foreign personal representative submits personally to the jurisdiction of the courts of this

state in any proceeding relating to the estate by:

1. Filing authenticated copies of the foreign personal representative's appointment as

provided in section 30.1-24-05;

2. Receiving payment of money or taking delivery of personal property under section

30.1-24-02; or

3. Doing any act as a personal representative in this state which would have given the

state jurisdiction over the foreign personal representative as an individual.

Jurisdiction under subsection 2 is limited to the money or value of personal property collected.
N.D. Cent. Code § 30.1-29-14 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-14
30.1-29-14. (5-414) Compensation and expense
Status: in_force

30.1-29-14. (5-414) Compensation and expense

1. When the estate is derived, in whole or in part, from money paid or being paid by the

veterans' administration to the conservator or the conservator's predecessor for the

benefit of the protected person, the compensation allowed from such money to the

conservator shall be limited to five percent of the amount of money received from the

agency during the period covered by the account, except that the court may allow a

minimum compensation of not to exceed fifty dollars per year. No commission or

compensation will be allowed for receipt of moneys or other assets received from a

prior fiduciary nor upon the amount received from liquidation of loans or other

investments.

2. If not otherwise compensated for services rendered, any lawyer, expert examiner,

conservator, or special conservator appointed in a protective proceeding is entitled to

reasonable compensation from the estate.
N.D. Cent. Code § 30.1-01-04 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-04
30.1-01-04. (1-107) Evidence of death or status
Status: in_force

30.1-01-04. (1-107) Evidence of death or status

In addition to the rules of evidence in courts of general jurisdiction, the following rules

relating to a determination of death and status apply:

1. Death occurs when an individual is determined to be dead under chapter 23-06.3.

2. A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie

evidence of the fact, place, date, and time of death, and the identity of the decedent.

3. A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie

evidence of the status and of the dates, circumstances, and places disclosed by the

record or report.

4. In the absence of prima facie evidence of death under subsection 2 or 3, the fact of

death may be established by clear and convincing evidence, including circumstantial

evidence.

5. An individual whose death is not established under this section, who is absent for a

continuous period of five years, during which the person has not been heard from, and

whose absence is not satisfactorily explained after diligent search or inquiry, is

presumed to be dead. The death is presumed to have occurred at the end of the

period unless there is sufficient evidence for determining that death occurred earlier.

6. In the absence of evidence disputing the time of death stated on a document

described in subsection 2 or 3, a document described in subsection 2 or 3 that states a

time of death one hundred twenty hours or more after the time of death of another

individual, however the time of death of the other individual is determined, establishes

by clear and convincing evidence that the individual survived the other individual by

one hundred twenty hours.
N.D. Cent. Code § 30.1-36-07 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-07
30.1-36-07. Witnesses
Status: in_force

30.1-36-07. Witnesses

1. A notary public or two qualified witnesses must verify in writing the signatures to a

supported decisionmaking agreement.

2. To be a qualified witness, the witness must:

a. Not be a party to the agreement;

b. Be at least eighteen years of age;

c. Be competent;

d. Not be an employee or agent of a supporter in the agreement; and

e. Not be a creditor of the named individual.
N.D. Cent. Code § 30.1-04-09 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-09
30.1-04-09. (2-114) Parent barred from inheriting in certain circumstances
Status: in_force

30.1-04-09. (2-114) Parent barred from inheriting in certain circumstances

1. A parent is barred from inheriting from or through a child of the parent if the parent's

parental rights were terminated and the parent-child relationship was not judicially

re-established or the child died before reaching eighteen years of age and there is

clear and convincing evidence that immediately before the child's death the parental

rights of the child's parent could have been terminated under other law of this state on

the basis of nonsupport, abandonment, abuse, or neglect, or other actions or inactions

of the parent toward the child.

2. For purposes of intestate succession from or through the deceased child, a parent who

is barred from inheriting under this section is treated as if the parent predeceased the

child.
N.D. Cent. Code § 30.1-10-01 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-01
30.1-10-01. (2-801) Disclaimer of property interests
Status: repealed

30.1-10-01. (2-801) Disclaimer of property interests

Repealed by S.L. 2001, ch. 301, § 3.
N.D. Cent. Code § 30.1-19-16 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-16
30.1-19-16. (3-816) Final distribution to domiciliary representative
Status: in_force

30.1-19-16. (3-816) Final distribution to domiciliary representative

The estate of a nonresident decedent being administered by a personal representative

appointed in this state shall, if there is a personal representative of the decedent's domicile

willing to receive it, be distributed to the domiciliary personal representative for the benefit of the

successors of the decedent unless:

1. By virtue of the decedent's will, if any, and applicable choice of law rules, the

successors are identified pursuant to the local law of this state without reference to the

local law of the decedent's domicile;

2. The personal representative of this state, after reasonable inquiry, is unaware of the

existence or identity of a domiciliary personal representative; or

3. The court orders otherwise in a proceeding for a closing order under section

30.1-21-01 or incident to the closing of a supervised administration.

In other cases, distribution of the estate of a decedent shall be made in the manner provided

elsewhere in this title.
N.D. Cent. Code § 30.1-14-01.1 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-01.1
30.1-14-01.1. Duty of court to provide forms to an applicant - Assistance of attorney not required
Status: in_force

30.1-14-01.1. Duty of court to provide forms to an applicant - Assistance of attorney

not required.

The court shall provide the necessary forms to an applicant who requests aid in using the

informal probate or appointment procedure. The forms and explanatory materials must be

prepared by the state court administrator and provided at cost. The assistance of an attorney is

not required for informal probate or appointment procedure.
N.D. Cent. Code § 30.1-15-14 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-14
30.1-15-14. (3-414) Formal proceedings concerning appointment of personal representative
Status: in_force

30.1-15-14. (3-414) Formal proceedings concerning appointment of personal

representative.

1. A formal proceeding for adjudication regarding the priority or qualification of one who is

an applicant for appointment as personal representative, or of one who previously has

been appointed personal representative in informal proceedings, if an issue

concerning the testacy of the decedent is or may be involved, is governed by section

30.1-15-02, as well as by this section. In other cases, the petition shall contain or

adopt the statements required by subsection 1 of section 30.1-14-01 and describe the

question relating to priority or qualification of the personal representative which is to be

resolved. If the proceeding precedes any appointment of a personal representative, it

shall stay any pending informal appointment proceedings as well as any commenced

thereafter. If the proceeding is commenced after appointment, the previously

appointed personal representative, after receipt of notice thereof, shall refrain from

exercising any power of administration except as necessary to preserve the estate or

unless the court orders otherwise.

2. After notice to interested persons, including all persons interested in the administration

of the estate as successors under the applicable assumption concerning testacy, any

previously appointed personal representative, and any person having or claiming

priority for appointment as personal representative, the court shall determine who is

entitled to appointment under section 30.1-13-03, make a proper appointment and, if

appropriate, terminate any prior appointment found to have been improper as provided

in cases of removal under section 30.1-17-11.
N.D. Cent. Code § 30.1-36-06 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-06
30.1-36-06. Confidential documents, records, and information
Status: in_force

30.1-36-06. Confidential documents, records, and information

A supporter may not allow unauthorized access to, use of, or disclosure of any confidential

documents, records, and other information about the named individual, unless the named

individual has otherwise directed.
N.D. Cent. Code § 30.1-17-10 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-10
30.1-17-10. (3-610) Termination of appointment - Voluntary
Status: in_force

30.1-17-10. (3-610) Termination of appointment - Voluntary

1. An appointment of a personal representative terminates as provided in section

30.1-21-03, one year after the filing of a closing statement.

2. An order closing an estate as provided in section 30.1-21-01 or 30.1-21-02 terminates

an appointment of a personal representative.

3. A personal representative may resign the position by filing a written statement of

resignation with the court after giving at least fifteen days' written notice to the persons

known to be interested in the estate. If no one applies or petitions for appointment of a

successor representative within the time indicated in the notice, the filed statement of

resignation is ineffective as a termination of appointment and in any event is effective

only upon the appointment and qualification of a successor representative and delivery

of the assets to the successor representative.
N.D. Cent. Code § 30.1-37-04 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-04
30.1-37-04. Execution of electronic will
Status: in_force

30.1-37-04. Execution of electronic will

1. Subject to subsection 4 of section 30.1-37-06, an electronic will must be:

a. A record that is readable as text at the time of signing as provided under

subdivision b;

b. Signed by:

(1) The testator; or

(2) Another individual in the testator's name, in the testator's conscious

presence, and by the testator's direction; and

c. Either:

(1) Signed by at least two individuals, each of whom signed within a reasonable

time after witnessing:

(a) The signing of the will as provided under subdivision b; or

(b) The testator's acknowledgment of the signature as provided under

subdivision b or acknowledgment of the will; or

(2) Acknowledged by the testator before a notary public or other individual

authorized by law to take acknowledgments.

2. Intent of a testator that the record under subdivision a of subsection 1 be the testator's

electronic will may be established by extrinsic evidence.
N.D. Cent. Code § 30.1-01-01 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-01
30.1-01-01. (1-101) Short title
Status: in_force

30.1-01-01. (1-101) Short title

This title shall be known and may be cited as the Uniform Probate Code.
N.D. Cent. Code § 30.1-18-18 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-18
30.1-18-18. (3-718) Powers of surviving personal representative
Status: in_force

30.1-18-18. (3-718) Powers of surviving personal representative

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.
N.D. Cent. Code § 30.1-18-13 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-13
30.1-18-13. (3-713) Sale, encumbrance, or transaction involving conflict of interest - Voidable - Exceptions
Status: in_force

30.1-18-13. (3-713) Sale, encumbrance, or transaction involving conflict of interest -

Voidable - Exceptions.

Any sale or encumbrance to the personal representative, the personal representative's

spouse, agent, or attorney, or any corporation, limited liability company, or trust in which the

personal representative has a substantial beneficial interest, or any transaction which is affected

by a substantial conflict of interest on the part of the personal representative, is voidable by any

person interested in the estate except one who has consented after fair disclosure, unless:

1. The will or a contract entered into by the decedent expressly authorized the

transaction; or

2. The transaction is approved by the court after notice to interested persons.
N.D. Cent. Code § 30.1-19-04 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-04
30.1-19-04. (3-804) Manner of presentation of claims
Status: in_force

30.1-19-04. (3-804) Manner of presentation of claims

Claims against a decedent's estate may be presented as follows:

1. The claimant may deliver or mail to the personal representative and any attorney of

record for the estate a written statement of the claim indicating its basis, the name and

address of the claimant, and the amount claimed, or may file a written statement of the

claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed

presented on the first to occur, either receipt of the written statement of claim by the

personal representative, or the filing of the claim with the court. If a claim is not yet

due, the claimant shall state the date when it will become due. If the claim is

contingent or unliquidated, the claimant shall state the nature of the uncertainty. If the

claim is secured, the claimant shall describe the security. Failure to describe correctly

the security, the nature of any uncertainty, and the due date of a claim not yet due

does not invalidate the presentation.

2. The claimant may commence a proceeding against the personal representative in any

court where the personal representative may be subjected to jurisdiction, to obtain

payment of the claimant's claim against the estate, but the commencement of the

proceeding must occur within the time limited for presenting the claim. A presentation

of claim is not required in regard to matters claimed in proceedings against the

decedent which were pending at the time of death.

3. If a claim is presented under subsection 1, a proceeding on the claim may not be

commenced more than sixty days after the personal representative has mailed a

notice of disallowance, but, in the case of a claim which is not presently due or which

is contingent or unliquidated, the personal representative may consent to an extension

of the sixty-day period, or to avoid injustice, the court, on petition, may order an

extension of the sixty-day period, but in no event may the extension run beyond the

applicable statute of limitations.
N.D. Cent. Code § 30.1-15-08 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-08
30.1-15-08. (3-408) Formal testacy proceedings - Will construction - Effect of final order in another jurisdiction
Status: in_force

30.1-15-08. (3-408) Formal testacy proceedings - Will construction - Effect of final

order in another jurisdiction.

A final order of a court of another state determining testacy, the validity or construction of a

will, made in a proceeding involving notice to and an opportunity for contest by all interested

persons must be accepted as determinative by the courts of this state if it includes, or is based

upon, a finding that the decedent was domiciled at the time of death in the state where the order

was made.
N.D. Cent. Code § 30.1-29-19 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-19
30.1-29-19. (5-419) Annual reports and accounts
Status: in_force

30.1-29-19. (5-419) Annual reports and accounts

1. At least once annually and at other times as the court may direct, a conservator shall

file a report and account with the court regarding the exercise of powers and duties

specified in the court's order of appointment. The report must describe any

expenditure and income affecting the protected person, any sale or transfer of property

affecting the protected person, and any exercise of authority by the conservator

affecting the protected person.

2. On termination of the protected person's minority, or on termination by a court with

jurisdiction, a conservator shall file a final report and accounting and provide a copy of

the report or accounting to the protected person and other parties as indicated in

section 30.1-29-18. The report or accounting must be filed with the clerk of district

court. The filing of the report or accounting does not constitute the court's approval of

the report or accounting. The court may approve a report and settle and allow an

accounting only upon notice to the protected person and other interested persons who

have made an appearance or requested notice of proceedings. An order, after notice

and hearing, allowing an intermediate account of a conservator, adjudicates liabilities

concerning the matters considered in connection therewith, adequately disclosed in

the accounting. An order, after notice and hearing, allowing a final account, adjudicates

all previously unsettled liabilities relating to the conservatorship. In connection with any

account, the court may require a conservator to submit to a physical check of the

estate in the conservator's control, to be made in any manner the court may specify.

The office of the state court administrator shall provide printed forms that may be used

to fulfill reporting requirements. Any report must be similar in substance to the state

court administrator's form. The forms must be available in the office of clerk of district

court or obtainable through the supreme court's internet website.

3. Copies of the conservator's annual report to the court and of any other reports required

by the court must be provided to those identified in section 30.1-29-05.1. The

protected person's copy must be accompanied by a statement, printed with not less

than double-spaced twelve-point type, of the protected person's right to seek

alteration, limitation, or termination of the conservatorship at any time.
N.D. Cent. Code § 30.1-29-03 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-03
30.1-29-03. (5-403) Venue
Status: in_force

30.1-29-03. (5-403) Venue

Venue for proceedings under this chapter is:

1. In the place in this state where the person to be protected resides whether or not a

guardian has been appointed in another place.

2. If the person to be protected does not reside in this state, in any place where the

person has property.
N.D. Cent. Code § 30.1-28-05 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-05
30.1-28-05. (5-305) Acceptance of appointment - Consent to jurisdiction - Order - Letters of guardianship
Status: in_force

30.1-28-05. (5-305) Acceptance of appointment - Consent to jurisdiction - Order -

Letters of guardianship.

1. By accepting appointment, a guardian submits personally to the jurisdiction of the

court in any proceeding relating to the guardianship that may be instituted by any

interested person.

2. A copy of the order appointing the guardian must be served by the petitioner to those

given notice under section 30.1-28-09. The order must contain the name and address

of the guardian as well as notice of the ward's right to appeal the guardianship

appointment and of the ward's right to seek alteration or termination of the

guardianship at any time.

3. Letters of guardianship must contain:

a. The name, address, and telephone number of the guardian;

b. The name, address, and telephone number of the ward;

c. Specification of the guardian's authority to make decisions on behalf of the ward

in residential, educational, medical, legal, vocational, and financial areas. If

limited authority has been granted in any area, the letters must describe the

nature of the limitations;

d. Specification of any other powers or authority conferred upon the guardian; and

e. Specification of limitations by the court upon the rights and privileges of the ward

in matters not governed by powers of the guardian, such as voting, marriage, and

driving.

4. The letters must issue to the guardian. The court shall mail copies to the ward and the

ward's counsel.
N.D. Cent. Code § 30.1-04-10 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-10
30.1-04-10. (2-109) Advancements
Status: in_force

30.1-04-10. (2-109) Advancements

1. If an individual dies intestate as to all or a portion of the individual's estate, property

the decedent gave during the decedent's lifetime to an individual who, at the

decedent's death, is an heir is treated as an advancement against the heir's intestate

share only if the decedent declared in a contemporaneous writing or the heir

acknowledged in writing that the gift is an advancement or the decedent's

contemporaneous writing or the heir's written acknowledgment otherwise indicates that

the gift is to be taken into account in computing the division and distribution of the

decedent's intestate estate.

2. For purposes of subsection 1, property advanced is valued as of the time the heir

came into possession or enjoyment of the property or as of the time of the decedent's

death, whichever first occurs.

3. If the recipient of the property fails to survive the decedent, the property is not taken

into account in computing the division and distribution of the decedent's intestate

estate, unless the decedent's contemporaneous writing provides otherwise.
N.D. Cent. Code § 30.1-05-01 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-01
30.1-05-01. (2-202) Elective share
Status: in_force

30.1-05-01. (2-202) Elective share

1. The surviving spouse of a decedent who dies domiciled in this state has a right of

election, under the limitations and conditions stated in this chapter, to take an elective

share amount equal to fifty percent of the augmented estate.

2. If the sum of the amounts described in subdivision d of subsection 2 of section

30.1-05-02, subdivision a of subsection 1 of section 30.1-05-03, and that part of the

elective-share amount payable from the decedent's probate estate and nonprobate

transfers to others under subsections 2 and 3 of section 30.1-05-03 is less than

seventy-five thousand dollars, the surviving spouse is entitled to a supplemental

elective-share amount equal to seventy-five thousand dollars minus the sum of the

amounts described in those sections. The supplemental elective-share amount is

payable from the decedent's probate estate and from recipients of the decedent's

nonprobate transfers to others in the order of priority set forth in subsections 2 and 3 of

section 30.1-05-03.

3. If the right of election is exercised by or on behalf of the surviving spouse, the

surviving spouse's homestead allowance, exempt property, and family allowance, if

any, are not charged against, but are in addition to, the elective-share and

supplemental elective-share amounts.

4. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this

state to take an elective share in property in this state is governed by the law of the

decedent's domicile at death.
N.D. Cent. Code § 30.1-29-01 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-01
30.1-29-01. (5-401) Protective proceedings - Burden of proof
Status: in_force

30.1-29-01. (5-401) Protective proceedings - Burden of proof

Upon petition and after notice and hearing in accordance with the provisions of this chapter,

the court may appoint a conservator or make other protective order for cause as follows:

1. Appointment of a conservator or other protective order may be made in relation to the

estate and affairs of a minor if the court determines by a preponderance of the

evidence that a minor owns money or property that requires management or protection

which cannot otherwise be provided, has or may have business affairs which may be

jeopardized or prevented by the minor's minority, or that funds are needed for the

minor's support and education and that protection is necessary or desirable to obtain

or provide funds.

2. Appointment of a conservator or other protective order may be made in relation to the

estate and affairs of a person, including a minor, if the court determines by clear and

convincing evidence:

a. The person is unable to manage the person's property and affairs effectively for

reasons such as mental illness, mental deficiency, physical illness or disability,

chronic use of drugs, or chronic intoxication;

b. The person is unable to manage the person's property and affairs effectively for

reasons of confinement, detention by a foreign power, or disappearance; or

c. The person has property that will be wasted or dissipated unless proper

management is provided, or that funds are needed for the support, care, and

welfare of the person or those entitled to be supported by the person and that

protection is necessary or desirable to obtain or provide funds.
N.D. Cent. Code § 30.1-17-15 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-15
30.1-17-15. (3-615) Special administrator - Who may be appointed
Status: in_force

30.1-17-15. (3-615) Special administrator - Who may be appointed

1. If a special administrator is to be appointed pending the probate of a will which is the

subject of a pending application or petition for probate, the person named executor in

the will shall be appointed if available and qualified.

2. In other cases, any proper person may be appointed special administrator.
N.D. Cent. Code § 30.1-30-01 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-01
30.1-30-01. (5-501) Definition
Status: in_force

30.1-30-01. (5-501) Definition

A durable power of attorney is a power of attorney by which a principal designates another

as the principal's attorney in fact in writing and the writing contains the words "This power of

attorney is not affected by subsequent disability or incapacity of the principal or by lapse of

time," or "This power of attorney becomes effective upon the disability or incapacity of the

principal," or similar words showing the intent of the principal that the authority conferred is

exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it

states a time of termination, notwithstanding the lapse of time since the execution of the

instrument.