N.D. Cent. Code § 30.1-10-04 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-04
30.1-10-04. (2-804) Revocation of probate and nonprobate transfers by divorce - No revocation by other changes of circumstances
Status: in_force

30.1-10-04. (2-804) Revocation of probate and nonprobate transfers by divorce - No

revocation by other changes of circumstances.

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. "Divorce or annulment" means any divorce or annulment, or any dissolution or

declaration of invalidity of a marriage, that would exclude the spouse as a

surviving spouse within the meaning of section 30.1-10-02. A decree of

separation that does not terminate the status of husband and wife is not a divorce

for purposes of this section.

c. "Divorced individual" includes an individual whose marriage has been annulled.

d. "Governing instrument" means a governing instrument executed by the divorced

individual before the divorce or annulment of the marriage to the former spouse.

e. "Relative of the divorced individual's former spouse" means an individual who is

related to the divorced individual's former spouse by blood, adoption, or affinity

and who, after the divorce or annulment, is not related to the divorced individual

by blood, adoption, or affinity.

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

means one under which the divorced individual, at the time of the divorce or

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

cancel the designation in favor of the former spouse or former spouse's relative,

whether or not the divorced individual was then empowered to designate the

divorced individual in place of the former spouse or in place of the former

spouse's relative and whether or not the divorced individual then had the capacity

to exercise the power.

2. Except as provided by the express terms of a governing instrument, a court order, or a

contract relating to the division of the marital estate made between the divorced

individuals before or after the marriage, divorce, or annulment, the divorce or

annulment of a marriage:

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

divorced individual to the individual's former spouse in a governing instrument

and any disposition or appointment created by law or in a governing instrument to

a relative of the divorced individual's former spouse, provision in a governing

instrument conferring a general or special power of appointment on the divorced

individual's former spouse or on a relative of the divorced individual's former

spouse, and nomination in a governing instrument, nominating a divorced

individual's former spouse or a relative of the divorced individual's former spouse

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

representative, executor, trustee, conservator, agent, or guardian.

b. Severs the interests of the former spouses in property held by them at the time of

the divorce or annulment as joint tenants with the right of survivorship,

transforming the interests of former spouses into equal tenancies in common.

3. A severance under subdivision b of subsection 2 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 survivor of the former spouses unless a writing declaring the

severance has been noted, registered, filed, or recorded in records appropriate to the

kind and location of the property which are relied upon, in the ordinary course of

transactions involving such property, as evidence of ownership.

4. Provisions of a governing instrument are given effect as if the former spouse and

relatives of the former spouse disclaimed all provisions revoked by this section or, in

the case of a revoked nomination in a fiduciary or representative capacity, as if the

former spouse and relatives of the former spouse died immediately before the divorce

or annulment.

5. Provisions revoked solely by this section are revived by the divorced individual's

remarriage to the former spouse or by a nullification of the divorce or annulment.

6. No change of circumstances other than as described in this section and in section

30.1-10-03 effects a revocation.

7. 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 a divorce, annulment, or remarriage, or for having taken

any other action in reliance on the validity of the governing instrument, before the

payer or other third party received written notice of the divorce, annulment, or

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

inquire as to the continued marital relationship between the decedent and a

beneficiary or to seek any evidence with respect to a marital relationship. 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 divorce, annulment, or remarriage of the

decedent and the designated beneficiary occurred. Written notice of the divorce,

annulment, or remarriage under this subdivision must be mailed to the payer's or

other 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.

Upon receipt of written notice of the divorce, annulment, or remarriage, 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 or

transfer 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.

8. a. A bona fide purchaser who purchases property from a former spouse, relative of

a former spouse, or any other person, or who receives from a former spouse,

relative of a former spouse, or any other person 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 former spouse, relative of a former spouse, or other

person who, not for value, received a payment, item of property, or any other

benefit to which that 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 former spouse, relative of the former spouse, or any other person who,

not for value, received a payment, item of property, or any other benefit to which

that person is not entitled under this section is obligated to return that 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 § 30.1-27-02 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-02
30.1-27-02. (5-202) Testamentary appointment of guardian of minor
Status: in_force

30.1-27-02. (5-202) Testamentary appointment of guardian of minor

The parent of a minor may appoint by will a guardian of an unmarried minor. A testamentary

appointment becomes effective upon filing the guardian's acceptance in the court in which the

will is probated and remains effective upon approval by the court either after or without a

hearing, if, before acceptance, both parents are dead or the surviving parent's rights have been

terminated by prior court order. If both parents are dead, an effective appointment by the parent

who died later has priority. This state recognizes a testamentary appointment effected by filing

the guardian's acceptance under a will probated in another state which is the testator's domicile

and upon approval by the court either after or without a hearing. Upon acceptance of

appointment, written notice of acceptance must be given by the guardian to the minor and to the

person having the minor's care or to the minor's nearest adult relative under section 27-20.3-02.

Within forty-five days of the filing of acceptance, the testamentary guardian must file with the

court a criminal history record check report and affidavit stating whether the proposed guardian

has been investigated for offenses related to theft, fraud, or the abuse, neglect, or exploitation of

an adult or child and shall provide a release authorizing access to any record information

maintained by an agency in this or another state or a federal agency.
N.D. Cent. Code § 30.1-32.1-08 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-08
30.1-32.1-08. Revocation by instrument authorized - Revocation by act not permitted
Status: in_force

30.1-32.1-08. Revocation by instrument authorized - Revocation by act not permitted

1. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on

death deed, or any part of it, only if the instrument:

a. Is one of the following:

(1) A transfer on death deed that revokes the deed or part of the deed expressly

or by inconsistency;

(2) An instrument of revocation that expressly revokes the deed or part of the

deed; or

(3) An inter vivos deed that expressly revokes the transfer on death deed or

part of the deed; and

b. Is acknowledged by the transferor after the acknowledgment of the deed being

revoked and recorded before the transferor's death in the public records in the

office of the county recorder of the county where the deed is recorded.

2. If a transfer on death deed is made by more than one transferor, revocation by a

transferor does not affect the deed as to the interest of another transferor and a deed

of joint owners is revoked only if it is revoked by all of the living joint owners.

3. After a transfer on death deed is recorded, it may not be revoked by a revocatory act

on the deed.

4. This section does not limit the effect of an inter vivos transfer of the property.
N.D. Cent. Code § 30.1-02-06 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-06
30.1-02-06. (1-307) Powers
Status: in_force

30.1-02-06. (1-307) Powers

The acts and orders which this title specifies as performable by the district court may be

performed either by a judge of the appropriate court or by a person, including the clerk,

designated by the appropriate court by a written order filed and recorded in the office of the

court. However, without a written order of the court, the clerk may sign all appropriate

documents in uncontested informal probate matters if the requirements of sections 30.1-12-08

and 30.1-13-01 have been satisfied, at least one hundred twenty hours have elapsed since the

decedent's death, and the person seeking appointment as personal representative is named in

the will or otherwise has priority under section 30.1-13-03 or others entitled to appointment have

renounced the right to appointment.
N.D. Cent. Code § 30.1-15-09 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-09
30.1-15-09. (3-409) Formal testacy proceedings - Order - Foreign will
Status: in_force

30.1-15-09. (3-409) Formal testacy proceedings - Order - Foreign will

After the time required for any notice has expired, upon proof of notice, and after any

hearing that may be necessary, if the court finds that the testator is dead, venue is proper, and

that the proceeding was commenced within the limitation prescribed in section 30.1-12-08, it

shall determine the decedent's domicile at death, the decedent's heirs, and the decedent's state

of testacy. Any will found to be valid and unrevoked shall be formally probated. Termination of

any previous informal appointment of a personal representative, which may be appropriate in

view of the relief requested and findings, is governed by section 30.1-17-12. The petition shall

be dismissed or appropriate amendment allowed if the court is not satisfied that the alleged

decedent is dead. A will from a place which does not provide for probate of a will after death

may be proved for probate in this state by a duly authenticated certificate of its legal custodian

that the copy introduced is a true copy and that the will has become effective under the law of

the other place.
N.D. Cent. Code § 30.1-27-09 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-09
30.1-27-09. (5-209) Powers and duties of guardian of minor
Status: in_force

30.1-27-09. (5-209) Powers and duties of guardian of minor

The powers and duties of a guardian of a minor under this chapter are defined under

section 27-20.1-15.
N.D. Cent. Code § 30.1-21-01 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-01
30.1-21-01. (3-1001) Formal proceedings terminating administration - Testate or intestate - Order of general protection
Status: in_force

30.1-21-01. (3-1001) Formal proceedings terminating administration - Testate or

intestate - Order of general protection.

1. A personal representative or any interested person may petition for an order of

complete settlement of the estate. The personal representative may petition at any

time, and any other interested person may petition after one year from the

appointment of the original personal representative, except that no petition under this

section may be entertained until the time for presenting claims which arose prior to the

death of the decedent has expired. The petition may request the court to determine

testacy, if not previously determined, to consider the final account or compel or

approve an accounting and distribution, to construe any will or determine heirs and

adjudicate the final settlement and distribution of the estate. After notice to all

interested persons and hearing the court may enter an order or orders, on appropriate

conditions, determining the persons entitled to distribution of the estate, and, as

circumstances require, approving settlement and, after receiving satisfactory evidence

of payment of any estate tax due, directing or approving distribution of the estate and

discharging the personal representative from further claim or demand of any interested

person.

2. If one or more heirs or devisees were omitted as parties in, or were not given notice of,

a previous formal testacy proceeding, the court, on proper petition for an order of

complete settlement of the estate under this section, and after notice to the omitted or

unnotified persons and other interested parties determined to be interested on the

assumption that the previous order concerning testacy is conclusive as to those given

notice of the earlier proceeding, may determine testacy as it affects the omitted

persons and confirm or alter the previous order of testacy as it affects all interested

persons as appropriate in the light of the new proofs. In the absence of objection by an

omitted or unnotified person, evidence received in the original testacy proceeding shall

constitute prima facie proof of due execution of any will previously admitted to probate,

or of the fact that the decedent left no valid will if the prior proceedings determined this

fact.
N.D. Cent. Code § 30.1-14-04 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-04
30.1-14-04. (3-304) Informal probate - Unavailable in certain cases
Status: in_force

30.1-14-04. (3-304) Informal probate - Unavailable in certain cases

Applications for informal probate which relate to one or more of a known series of

testamentary instruments, other than a will and one or more codicils to the will, the latest of

which does not expressly revoke the earlier, must be declined.
N.D. Cent. Code § 30.1-08-08 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-08
30.1-08-08. (2-508) Revocation by change of circumstances
Status: in_force

30.1-08-08. (2-508) Revocation by change of circumstances

Except as provided in sections 30.1-10-03 and 30.1-10-04, a change of circumstances does

not revoke a will or any part of it.
N.D. Cent. Code § 30.1-14-11 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-11
30.1-14-11. (3-311) Informal appointment unavailable in certain cases
Status: in_force

30.1-14-11. (3-311) Informal appointment unavailable in certain cases

If an application for informal appointment indicates the existence of a possible unrevoked

testamentary instrument which may relate to property subject to the laws of this state, and which

is not filed for probate in this court, the court shall decline the application.
N.D. Cent. Code § 30.1-18-01 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-01
30.1-18-01. (3-701) Time of accrual of duties and powers
Status: in_force

30.1-18-01. (3-701) Time of accrual of duties and powers

The duties and powers of a personal representative commence upon appointment. The

powers of a personal representative relate back in time to give acts by the person appointed

which are beneficial to the estate occurring prior to appointment the same effect as those

occurring thereafter. Prior to appointment, a person named executor in a will may carry out

written instructions of the decedent relating to the decedent's body, funeral, and burial

arrangements. A personal representative may ratify and accept acts on behalf of the estate

done by others if the acts would have been proper for a personal representative.
N.D. Cent. Code § 30.1-29-04 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-04
30.1-29-04. (5-404) Original petition for appointment or protective order
Status: in_force

30.1-29-04. (5-404) Original petition for appointment or protective order

1. The person to be protected, any person who is interested in the estate, affairs, or

welfare of the person to be protected, including the protected person's parent,

guardian, or custodian, or any person who would be adversely affected by lack of

effective management of property and affairs of the person to be protected may

petition for the appointment of a conservator or for other appropriate protective order.

2. The petition must state or include, to the extent known:

a. The interest of the petitioner;

b. The name, age, residence, and address of the person to be protected;

c. The name and address of the guardian of the person to be protected, if any;

d. The name and address of the nearest relative of the person to be protected

known to the petitioner;

e. A general statement of property of the person to be protected with an estimate of

the value thereof, including any compensation, insurance, pension, or allowance

to which the person to be protected is entitled;

f. The extent of conservatorship authority sought;

g. The name and address of any person designated as an attorney in fact or agent

in a power of attorney;

h. The name and address of any representative payee for the person to be

protected;

i. That less intrusive alternatives to conservatorship have been considered;

j. If the appointment of a conservator is requested under subdivision a of

subsection 2 of section 30.1-29-01, an attached recent statement, if any, from an

expert examiner which describes the physical, mental, and emotional limitations

of the person to be protected;

k. The reason why appointment of a conservator or other protective order is

necessary; and

l. If the appointment of a conservator is requested, the name and address of the

person whose appointment is sought and the basis of the person's priority for

appointment.
N.D. Cent. Code § 30.1-18-19 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-19
30.1-18-19. (3-719) Compensation of personal representative
Status: in_force

30.1-18-19. (3-719) Compensation of personal representative

A personal representative is entitled to reasonable compensation for the personal

representative's services. If a will provides for compensation of the personal representative and

there is no contract with the decedent regarding compensation, the personal representative may

renounce the provision before qualifying and be entitled to reasonable compensation. A

personal representative also may renounce the personal representative's right to all or any part

of the compensation. A written renunciation of fee may be filed with the court.
N.D. Cent. Code § 30.1-20-07 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-07
30.1-20-07. (3-907) Distribution in kind - Evidence
Status: in_force

30.1-20-07. (3-907) Distribution in kind - Evidence

If distribution in kind is made, the personal representative shall execute an instrument or

deed of distribution assigning, transferring, or releasing the assets to the distributee as evidence

of the distributee's title to the property.
N.D. Cent. Code § 30.1-03-02 — ND Code / Title 30.1 / Chapter 30.1-03 / Section 30.1-03-02
30.1-03-02. (1-402) Notice - Waiver
Status: in_force

30.1-03-02. (1-402) Notice - Waiver

A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by

a writing signed by the person or the person's attorney and filed in the proceeding. A ward or

protected person, for whom a guardianship, conservatorship, or other protective order is sought

may not waive notice.
N.D. Cent. Code § 30.1-27-07 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-07
30.1-27-07. (5-207) Objection to the appointment of the testamentary guardian of minor - Procedure
Status: in_force

30.1-27-07. (5-207) Objection to the appointment of the testamentary guardian of

minor - Procedure.

1. Any person interested in the welfare of a minor subject to a testamentary appointment

of a guardian, including the minor, may object to the appointment of the testamentary

guardian as contrary to the best interests of the minor within fourteen days of the filing

of the report of the guardian ad litem.

2. An objection must contain a statement alleging specific facts that demonstrate the

appointment of the testamentary guardian is contrary to the best interests of the minor.

3. Upon filing of the objection or on the court's own motion, the court immediately shall

transfer the case to the juvenile court in the county where the original probate matter

was filed.
N.D. Cent. Code § 30.1-18-10 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-10
30.1-18-10. (3-710) Power to avoid transfers
Status: in_force

30.1-18-10. (3-710) Power to avoid transfers

The property liable for the payment of unsecured debts of a decedent includes all property

transferred by the decedent by any means which is in law void or voidable as against the

decedent's creditors, and subject to prior liens, the right to recover this property, so far as

necessary for the payment of unsecured debts of the decedent, is exclusively in the personal

representative.
N.D. Cent. Code § 30.1-10-05 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-05
30.1-10-05. (2-805) Reformation to correct mistakes
Status: in_force

30.1-10-05. (2-805) Reformation to correct mistakes

The court may reform the terms of a governing instrument, even if unambiguous, to conform

the terms to the transferor's intention if it is proved by clear and convincing evidence that the

transferor's intent and the terms of the governing instrument were affected by a mistake of fact

or law, whether in expression or inducement.
N.D. Cent. Code § 30.1-20-11 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-11
30.1-20-11. (3-911) Partition for purpose of distribution
Status: in_force

30.1-20-11. (3-911) Partition for purpose of distribution

When two or more heirs or devisees are entitled to distribution of undivided interests in any

real or personal property of the estate, the personal representative or one or more of the heirs

or devisees may petition the district court prior to the formal or informal closing of the estate, to

make partition. After notice to the interested heirs or devisees, the district court shall partition

the property in the same manner as provided by chapter 32-16. The district court may direct the

personal representative to sell any property which cannot be partitioned without prejudice to the

owners and which cannot conveniently be allotted to any one party, except if a buyout is agreed

upon pursuant to section 32-16-49.
N.D. Cent. Code § 30.1-31-13 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-13
30.1-31-13. (6-216) Community property and tenancy by the entireties
Status: in_force

30.1-31-13. (6-216) Community property and tenancy by the entireties

1. A deposit of community property in an account does not alter the community character

of the property or community rights in the property, but a right of survivorship between

parties married to each other arising from the express terms of the account or section

30.1-31-09 may not be altered by will.

2. Sections 30.1-31-02 through 30.1-31-20 do not affect the law governing tenancy by the

entireties.
N.D. Cent. Code § 30.1-04-12 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-12
30.1-04-12. (2-111) Alienage
Status: in_force

30.1-04-12. (2-111) Alienage

No individual is disqualified to take as an heir because the individual or an individual

through whom that individual claims is or has been an alien.
N.D. Cent. Code § 30.1-25-02 — ND Code / Title 30.1 / Chapter 30.1-25 / Section 30.1-25-02
30.1-25-02. (4-302) Jurisdiction by act of decedent
Status: in_force

30.1-25-02. (4-302) Jurisdiction by act of decedent

In addition to jurisdiction conferred by section 30.1-25-01, a foreign personal representative

is subject to the jurisdiction of the courts of this state to the same extent that the decedent was

subject to jurisdiction immediately prior to death.
N.D. Cent. Code § 30.1-13-04 — ND Code / Title 30.1 / Chapter 30.1-13 / Section 30.1-13-04
30.1-13-04. (3-204) Demand for notice of order or filing concerning decedent's estate
Status: in_force

30.1-13-04. (3-204) Demand for notice of order or filing concerning decedent's estate

Any person desiring notice of any order or filing pertaining to a decedent's estate in which

the person has a financial or property interest may file a demand for notice with the court, at any

time after the death of the decedent, stating the name of the decedent, the nature of the

person's interest in the estate, and the demandant's address or that of the demandant's

attorney. The clerk shall mail a copy of the demand to the personal representative, if one has

been appointed. After filing of a demand, no order or filing to which the demand relates shall be

made or accepted without notice, as prescribed in section 30.1-03-01, to the demandant or the

demandant's attorney. The validity of an order which is issued or filing which is accepted without

compliance with this requirement shall not be affected by the error, but the petitioner receiving

the order or the person making the filing may be liable for any damage caused by the absence

of notice. The requirement of notice arising from a demand under this provision may be waived

in writing by the demandant and shall cease upon the termination of the demandant's interest in

the estate.
N.D. Cent. Code § 30.1-19-09 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-09
30.1-19-09. (3-809) Secured claims
Status: in_force

30.1-19-09. (3-809) Secured claims

Payment of a secured claim is upon the basis of the amount allowed if the creditor

surrenders the security. Otherwise, payment is upon the basis of one of the following:

1. If the creditor exhausts the security before receiving payment, unless precluded by

other law, upon the amount of the claim allowed less the fair value of the security.

2. If the creditor does not have the right to exhaust the security or has not done so, upon

the amount of the claim allowed less the value of the security determined by

converting it into money according to the terms of the agreement pursuant to which the

security was delivered to the creditor, or by the creditor and personal representative by

agreement, arbitration, compromise, or litigation.
N.D. Cent. Code § 30.1-21-02 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-02
30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Order construing will without adjudicating testacy
Status: in_force

30.1-21-02. (3-1002) Formal proceedings terminating testate administration - Order

construing will without adjudicating testacy.

A personal representative administering an estate under an informally probated will or any

devisee under an informally probated will may petition for an order of settlement of the estate

which will not adjudicate the testacy status of the decedent. The personal representative may

petition at any time, and a devisee may petition after one year, from the appointment of the

original personal representative, except that no petition under this section may be entertained

until the time for presenting claims which arose prior to the death of the decedent has expired.

The petition may request the court to consider the final account or compel or approve an

accounting and distribution, to construe the will and adjudicate final settlement and distribution

of the estate. After notice to all devisees and the personal representative and hearing, the court

may enter an order or orders, on appropriate conditions, determining the persons entitled to

distribution of the estate under the will, and, as circumstances require, approving settlement and

directing or approving distribution of the estate and discharging the personal representative from

further claim or demand of any devisee who is a party to the proceeding and those the devisee

represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed

or amendments made to meet the provisions of section 30.1-21-01.
N.D. Cent. Code § 30.1-32.1-06 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-06
30.1-32.1-06. Requirements
Status: in_force

30.1-32.1-06. Requirements

1. A transfer on death deed except as otherwise provided in subsection 2 must contain

the essential elements and formalities of a properly recordable inter vivos deed.

2. A transfer on death deed must state that the transfer to the designated beneficiary is to

occur at the transferor's death.

3. A transfer on death deed must use the phrase "transfer on death deed" or the

abbreviation "TOD" in the title of the deed.

4. A transfer on death deed must be recorded before the transferor's death in the public

records in the office of the county recorder of the county where the property is located.

5. An auditor's certificate of transfer under section 11-18-02 and a statement of full

consideration under section 11-18-02.2 are not required to record a transfer on death

deed or a revocation instrument.
N.D. Cent. Code § 30.1-21-05 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-05
30.1-21-05. (3-1005) Limitations on proceedings against personal representative
Status: in_force

30.1-21-05. (3-1005) Limitations on proceedings against personal representative

Unless previously barred by adjudication and except as provided in the closing statement,

the rights of successors and of creditors whose claims have not otherwise been barred against

the personal representative for breach of fiduciary duty are barred unless a proceeding to assert

the same is commenced within six months after the filing of the closing statement. The rights

thus barred do not include rights to recover from a personal representative for fraud,

misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
N.D. Cent. Code § 30.1-05-02 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-02
30.1-05-02. (2-201, 2-204 through 2-208) Augmented estate
Status: in_force

30.1-05-02. (2-201, 2-204 through 2-208) Augmented estate

1. a. In this section:

(1) "Decedent's nonprobate transfers to others" means the decedent's

nonprobate transfers to persons, other than the decedent's spouse,

surviving spouse, the decedent, or the decedent's creditors, estate, or estate

creditors, that are included in the augmented estate under subdivision b of

subsection 2.

(2) "Fractional interest in property held in joint tenancy with the right of

survivorship", whether the fractional interest is unilaterally severable or not,

means the fraction, the numerator of which is one and the denominator of

which, if the decedent was a joint tenant, is one plus the number of joint

tenants who survive the decedent and which, if the decedent was not a joint

tenant, is the number of joint tenants.

(3) "Marriage", as it relates to a transfer by the decedent during marriage,

means any marriage of the decedent to the decedent's surviving spouse.

(4) "Nonadverse party" means a person who does not have a substantial

beneficial interest in the trust or other property arrangement that would be

adversely affected by the exercise or nonexercise of the power that the

person possesses respecting the trust or other property arrangement. A

person having a general power of appointment over property is deemed to

have a beneficial interest in the property.

(5) "Power" or "power of appointment" includes a power to designate the

beneficiary of a beneficiary designation.

(6) "Presently exercisable general power of appointment" means a power of

appointment under which, at the time in question, the decedent, whether or

not the decedent then had the capacity to exercise the power, held a power

to create a present or future interest in the decedent, the decedent's

creditors, the decedent's estate, or the creditors of the decedent's estate,

and includes a power to revoke or invade the principle of a trust or other

property arrangement.

(7) "Probate estate" means property, whether movable or immovable, wherever

situated, that would pass by intestate succession if the decedent died

without a valid will.

(8) "Property" includes values subject to a beneficiary designation.

(9) "Right to income" includes a right to payments under a commercial or

private annuity, an annuity trust, a unitrust, or a similar arrangement.

(10) "Transfer", as it relates to a transfer by or of the decedent, includes:

(a) An exercise or release of a presently exercisable general power of

appointment held by the decedent;

(b) A lapse at death of a presently exercisable general power of

appointment held by the decedent; and

(c) An exercise, release, or lapse of a general power of appointment that

the decedent created in the decedent and of a power described in

subparagraph b of paragraph 2 of subdivision b of subsection 2 that

the decedent conferred on a nonadverse party.

b. In subparagraph a of paragraph 3 of subdivision b of subsection 2, "termination",

with respect to a right or interest in property, means that the right or interest

terminated by the terms of the governing instrument or that the decedent

transferred or relinquished the right or interests; and, with respect to a power over

property, means that the power terminated by exercise, release, lapse, in default,

or otherwise, except that, with respect to a power described in subparagraph a of

paragraph 1 of subdivision b of subsection 2, "termination" means that the power

terminated by exercise or release, but not by lapse nor in default or otherwise.

2. The augmented estate consists of the sum of:

a. The value of the decedent's probate estate, reduced by funeral and

administration expenses, homestead allowance as defined in section 47-18-01,

family allowances, exempt property, and enforceable claims.

b. The value of the decedent's nonprobate transfers to others, which are composed

of all property, whether movable or immovable, wherever situated, not included in

the decedent's probate estate, of any of the following types:

(1) Property of any of the following types that passed outside probate at the

decedent's death:

(a) Property over which the decedent alone, immediately before death,

held a presently exercisable general power of appointment created by

the decedent during the marriage; the amount included is the value of

the property subject to the power, to the extent that the property

passed at the decedent's death, by exercise, release, lapse, in default,

or otherwise, to or for the benefit of any person other than the

decedent's estate or surviving spouse.

(b) The decedent's fractional interest in property, held by the decedent in

joint tenancy with the right of survivorship; the amount included is the

value of the decedent's fractional interest contributed by the decedent

during the marriage, to the extent that that fractional interest passed

by right of survivorship at the decedent's death to a surviving joint

tenant other than the decedent's surviving spouse.

(c) The decedent's ownership interest in property or accounts held in

POD, TOD, or co-ownership registration with the right of survivorship;

the amount included is the value of the decedent's ownership interest,

to the extent that the decedent's ownership interest passed at the

decedent's death to or for the benefit of any person other than the

decedent's estate or surviving spouse.

(2) Property transferred in any of the following forms by the decedent during

marriage:

(a) Any irrevocable transfer in which the decedent retained the right to the

possession or enjoyment of, or the income from, the property if and to

the extent that the decedent's right terminated at or continued beyond

the decedent's death; the amount included is the value of the fraction

of the property to which the decedent's right related, to the extent that

that fraction of the property passed outside probate to or for the

benefit of any person other than the decedent's estate or surviving

spouse.

(b) Any transfer in which the decedent created a power over the income

or principal of the transferred property, exercisable by the decedent

alone or in conjunction with any other person, or exercisable by a

nonadverse party, for the benefit of the decedent, the decedent's

creditors, the decedent's estate, or the creditors of the decedent's

estate; the amount included is the value of the property subject to the

power, to the extent that the power was exercisable at the decedent's

death to or for the benefit of any person other than the decedent's

surviving spouse or to the extent that the property subject to the power

passed at the decedent's death, by exercise, release, lapse, in default,

or otherwise, to or for the benefit of any person other than the

decedent's estate or surviving spouse.

(3) Property that passed during marriage and during the two-year period next

preceding the decedent's death as a result of a transfer by the decedent if

the transfer was of any of the following types:

(a) Any property that passed as a result of termination of a right or

interest in, or power over, property that would have been included in

the augmented estate under subparagraph a, b, or c of paragraph 1 of

this subdivision, or under paragraph 2 of this subdivision, if the right,

interest, or power had not terminated until the decedent's death; the

amount included is the value of the property that would have been

included under these subsections, except that the property is valued

at the time that the right, interest, or power terminated, and is included

only to the extent that the property passed upon termination to or for

the benefit of any person other than the decedent or the decedent's

estate, spouse, or surviving spouse.

(b) Any transfer of property, to the extent not otherwise included in the

augmented estate, made to or for the benefit of a person other than

the decedent's surviving spouse, the amount included is the value of

the transferred property to the extent that the aggregate transfers to

any one donee in either of the two years exceeded ten thousand

dollars.

c. The value of the decedent's nonprobate transfers to the decedent's surviving

spouse, which are composed of all property that passed outside probate at the

decedent's death from the decedent to the surviving spouse by reason of the

decedent's death, including:

(1) The decedent's fractional interest in property held as a joint tenant with the

right of survivorship, to the extent that the decedent's fractional interest

passed to the surviving spouse as surviving joint tenant;

(2) The decedent's ownership interest in property or accounts held in

co-ownership registration with the right of survivorship, to the extent the

decedent's ownership interest passed to the surviving spouse as surviving

co-owner;

(3) Proceeds of insurance, including accidental death benefits, on the life of the

decedent, if the decedent owned the insurance policy immediately before

death or if, and to the extent that, the decedent alone and immediately

before death held a presently exercisable general power of appointment

over the policy or its proceeds, the amount included is the value of the

proceeds, to the extent that they were payable at the decedent's death; and

(4) All other property that would have been included in the augmented estate

under paragraph 1 or 2 of subdivision b of this subsection had it passed to

or for the benefit of a person other than the decedent's spouse, surviving

spouse, the decedent, or the decedent's creditors, estate, or estate

creditors, but excluding property passing to the surviving spouse under the

federal social security system.

d. Except to the extent included in the augmented estate under subdivision a or c,

the value of property:

(1) That was owned by the decedent's surviving spouse at the decedent's

death, including:

(a) The surviving spouse's fractional interest in property held in joint

tenancy with the right of survivorship;

(b) The surviving spouse's ownership interest in property or accounts held

in co-ownership registration with the right of survivorship; and

(c) Property that passed to the surviving spouse by reason of the

decedent's death, but not including the spouse's right to homestead

allowance, family allowance, exempt property, or payments under the

federal social security system.

(2) That would have been included in the surviving spouse's nonprobate

transfers to others, other than the spouse's fractional and ownership interest

included under subparagraphs a and b of paragraph 1, had the spouse been

the decedent. Property included under this paragraph is valued at the

decedent's death, taking the fact that the decedent predeceased the spouse

into account, except that, for purposes of subparagraphs a and b of

paragraph 1, the values of the spouse's fractional and ownership interests

are determined immediately before the decedent's death if the decedent

was then a joint tenant or a co-owner of the property or accounts. The value

of property included under this paragraph is reduced in each category by

enforceable claims against the included property and is reduced by

enforceable claims against the surviving spouse.

3. The value of any property is excluded from the decedent's nonprobate transfers to

others to the extent the decedent received adequate and full consideration in money or

money's worth for a transfer of the property or if the property was transferred with the

written joinder of, or if the transfer was consented to in writing by, the surviving spouse.

Life insurance, accident insurance, pension, profit-sharing, retirement, and other

benefit plans payable to persons other than the decedent's surviving spouse or the

decedent's estate are also excluded from the decedent's nonprobate transfers.

4. The value of property includes the commuted value of any present or future interest

and the commuted value of amounts payable under any trust, life insurance settlement

option, annuity contract, public or private pension, disability compensation, death

benefit or retirement plan, or any similar arrangement, exclusive of the federal social

security system.

5. In case of overlapping application to the same property of the paragraphs or

subparagraphs of subsection 2, the property is included in the augmented estate

under the provision yielding the highest value, but under any one, but only one, of the

overlapping provisions if they all yield the same value.
N.D. Cent. Code § 30.1-23-02 — ND Code / Title 30.1 / Chapter 30.1-23 / Section 30.1-23-02
30.1-23-02. (3-1202) Effect of affidavit
Status: in_force

30.1-23-02. (3-1202) Effect of affidavit

The person paying, delivering, transferring, or issuing personal property or the evidence

thereof pursuant to affidavit is discharged and released to the same extent as if the person dealt

with a personal representative of the decedent. The person is not required to see to the

application of the personal property or evidence thereof or to inquire into the truth of any

statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver,

transfer, or issue any personal property or evidence thereof, it may be recovered or its payment,

delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the

purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery,

transfer, or issuance is made is answerable and accountable therefor to any personal

representative of the estate or to any other person having a superior right.
N.D. Cent. Code § 30.1-10.1-07 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-07
30.1-10.1-07. (2-1110) Disclaimer by appointee, object, or taker in default of exercise of power of appointment
Status: in_force

30.1-10.1-07. (2-1110) Disclaimer by appointee, object, or taker in default of exercise

of power of appointment.

1. The disclaimer by an appointee of a power of appointment takes effect as of the time

the instrument by which the holder exercises the power becomes irrevocable.

2. A disclaimer by the object or taker in default of an exercise of a power of appointment

takes effect as of the time the instrument creating the power becomes irrevocable.
N.D. Cent. Code § 30.1-09.1-02 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-02
30.1-09.1-02. (2-702) Requirement of survival by one hundred twenty hours
Status: in_force

30.1-09.1-02. (2-702) Requirement of survival by one hundred twenty hours

1. For the purposes of this title, except as provided in subsection 4, an individual who is

not established by clear and convincing evidence to have survived an event, including

the death of another individual, by one hundred twenty hours is deemed to have

predeceased the event.

2. Except as provided in subsection 4, for purposes of a provision of a governing

instrument that relates to an individual surviving an event, including the death of

another individual, an individual who is not established by clear and convincing

evidence to have survived the event by one hundred twenty hours is deemed to have

predeceased the event.

3. Except as provided in subsection 4, if it is not established by clear and convincing

evidence that one of two co-owners with right of survivorship survived the other

co-owner by one hundred twenty hours, one-half of the property passes as if one had

survived by one hundred twenty hours and one-half as if the other had survived by one

hundred twenty hours and there are more than two co-owners and it is not established

by clear and convincing evidence that at least one of them survived the others by one

hundred twenty hours, the property passes in the proportion that one bears to the

whole number of co-owners. For purposes of this subsection, the term "co-owners with

right of survivorship" includes joint tenants, tenants by the entireties, and other

co-owners of property or accounts held under circumstances that entitles one or more

to the whole of the property or account on the death of the other or others.

4. Survival by one hundred twenty hours is not required if:

a. The governing instrument contains some language dealing explicitly with

simultaneous deaths or deaths in a common disaster and that language is

operable under the facts of the case;

b. The governing instrument expressly indicates that an individual is not required to

survive an event, including the death of another individual, by any specific period

or expressly requires the individual to survive the event by a specific period, but

survival of the event or the specified period must be established by clear and

convincing evidence;

c. Imposition of a one-hundred-twenty-hour requirement of survival would cause a

nonvested property interest or a power of appointment to fail to qualify for validity

under subdivision a of subsection 1, subdivision a of subsection 2, or

subdivision a of subsection 3 of section 47-02-27.1, or to become invalid under

subdivision b of subsection 1, subdivision b of subsection 2, or subdivision b of

subsection 3 of section 47-02-27.1, but survival must be established by clear and

convincing evidence; or

d. The application of a one-hundred-twenty-hour requirement of survival to multiple

governing instruments would result in an unintended failure or duplication of a

disposition, but survival must be established by clear and convincing evidence.

5. 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 who, under this section, is not entitled to the payment or item of

property, or for having taken any other action in good-faith reliance on the

beneficiary's apparent entitlement under the terms of the governing instrument,

before the payer or other third party received written notice of a claimed lack of

entitlement under this section. A payer or other third party is liable for a payment

made or other action taken after the payer or other third party received written

notice of a claimed lack of entitlement under this section.

b. Written notice of a claimed lack of entitlement under subdivision a must be mailed

to the payer's or other 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. Upon receipt of written notice of a claimed lack of entitlement 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.

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. 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.

6. 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 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 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 § 30.1-19-08 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-08
30.1-19-08. (3-808) Individual liability of personal representative
Status: in_force

30.1-19-08. (3-808) Individual liability of personal representative

1. Unless otherwise provided in the contract, a personal representative is not individually

liable on a contract properly entered into in the personal representative's fiduciary

capacity in the course of administration of the estate unless the personal

representative fails to reveal the personal representative's representative capacity and

identify the estate in the contract.

2. A personal representative is individually liable for obligations arising from ownership or

control of the estate or for torts committed in the course of administration of the estate

only if the personal representative is personally at fault.

3. Claims based on contracts entered into by a personal representative in the personal

representative's fiduciary capacity, on obligations arising from ownership or control of

the estate or on torts committed in the course of estate administration, may be

asserted against the estate by proceeding against the personal representative in the

personal representative's fiduciary capacity, whether or not the personal representative

is individually liable therefor.

4. Issues of liability as between the estate and the personal representative individually

may be determined in a proceeding for accounting, surcharge or indemnification, or

other appropriate proceeding.
N.D. Cent. Code § 30.1-28-03.3 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-03.3
30.1-28-03.3. Guardianship proceedings for minor becoming an incapacitated adult
Status: in_force

30.1-28-03.3. Guardianship proceedings for minor becoming an incapacitated adult

1. As used in this section:

a. "Child" means an individual who is under the age of eighteen and is not married.

b. "Child becoming an incapacitated adult" means a child who has reached age

seventeen years and six months and is proposed to become an incapacitated

adult at age eighteen.

c. "Legal decisionmaking" means the legal right and responsibility to make all legal

decisions for a child including those regarding education, health care, and

personal care decisions.

2. A petition to establish a guardianship for a child becoming an incapacitated adult may

be filed by any person interested in the welfare of the child and having knowledge of

the facts alleged or information and belief the facts are true.

3. The procedure in this chapter for appointment of a guardian of an incapacitated adult

must be the procedure used for appointment of a guardian for a child becoming an

incapacitated adult except the court shall appoint as the guardian any person that had

legal decisionmaking responsibility for the child when the child turned seventeen years

and six months of age. If the court finds the appointment of the person with legal

decisionmaking authority would be contrary to the best interests of the incapacitated

adult, the priorities listed in section 30.1-28-11 may be followed.

4. A guardianship order under this section may take effect immediately on the day the

child turns eighteen years of age.
N.D. Cent. Code § 30.1-07-00.1 — ND Code / Title 30.1 / Chapter 30.1-07 / Section 30.1-07-00.1
30.1-07-00.1. (2-401) Applicable law
Status: in_force

30.1-07-00.1. (2-401) Applicable law

This chapter applies to the estate of a decedent who dies domiciled in this state. The rights

to homestead allowance, exempt property, and family allowance for a decedent who dies not

domiciled in this state are governed by the law of the decedent's domicile at death.
N.D. Cent. Code § 30.1-09.1-09 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-09
30.1-09.1-09. (2-709) Per capita at each generation - Representation - Per stirpes
Status: in_force

30.1-09.1-09. (2-709) Per capita at each generation - Representation - Per stirpes

1. In this section:

a. "Deceased child" or "deceased descendant" means a child or a descendant who

either predeceased the distribution date or is deemed to have predeceased the

distribution date under section 30.1-09.1-02.

b. "Distribution date", with respect to an interest, means the time when the interest

is to take effect in possession or enjoyment. The distribution date need not occur

at the beginning or end of a calendar day, but can occur at a time during the

course of a day.

c. "Surviving ancestor", "surviving child", or "surviving descendant" means an

ancestor, a child, or a descendant who neither predeceased the distribution date

nor is deemed to have predeceased the distribution date under section

30.1-09.1-02.

2. If a governing instrument calls for property to be distributed "per capita at each

generation", the property is divided into as many equal shares as there are surviving

descendants in the generation nearest to the designated ancestor which contains one

or more surviving descendants and deceased descendants in the same generation

who left surviving descendants, if any. Each surviving descendant in the nearest

generation is allocated one share. The remaining shares, if any, are combined and

then divided in the same manner among the surviving descendants of the deceased

descendants as if the surviving descendants who were allocated a share and their

surviving descendants had predeceased the distribution date.

3. If an applicable statute or a governing instrument calls for property to be distributed "by

representation" or "per stirpes", the property is divided into as many equal shares as

there are surviving children of the designated ancestor and deceased children who left

surviving descendants. Each surviving child is allocated one share. The share of each

deceased child with surviving descendants is divided in the same manner, with

subdivision repeating at each succeeding generation until the property is fully allocated

among surviving descendants.

4. For the purposes of subsections 2 and 3, an individual who is deceased and left no

surviving descendant is disregarded, and an individual who leaves a surviving

ancestor who is a descendant of the designated ancestor is not entitled to a share.
N.D. Cent. Code § 30.1-10.1-05 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-05
30.1-10.1-05. (2-1108) Disclaimer of interest by trustee
Status: in_force

30.1-10.1-05. (2-1108) Disclaimer of interest by trustee

If a trustee disclaims an interest in property that otherwise would have become trust

property, the interest does not become trust property.
N.D. Cent. Code § 30.1-24-07 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-07
30.1-24-07. (4-206) Power of representatives in transition
Status: in_force

30.1-24-07. (4-206) Power of representatives in transition

The power of a domiciliary foreign personal representative under section 30.1-24-02 or

30.1-24-06 shall be exercised only if there is no administration or application therefor pending in

this state. An application or petition for local administration of the estate terminates the power of

the foreign personal representative to act under section 30.1-24-06, but the local court may

allow the foreign personal representative to exercise limited powers to preserve the estate. No

person who, before receiving actual notice of a pending local administration, has changed that

person's position in reliance upon the powers of a foreign personal representative shall be

prejudiced by reason of the application or petition for, or grant of, local administration. The local

personal representative is subject to all duties and obligations which have accrued by virtue of

the exercise of the powers by the foreign personal representative and may be substituted for the

foreign personal representative in any action or proceedings in this state.
N.D. Cent. Code § 30.1-02-03 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-03
30.1-02-03. (1-303) Venue - Multiple proceedings - Transfer
Status: in_force

30.1-02-03. (1-303) Venue - Multiple proceedings - Transfer

1. Where a proceeding under this title could be maintained in more than one place in this

state, the court in which the proceeding is first commenced has the exclusive right to

proceed.

2. If proceedings concerning the same estate, protected person, ward, or trust are

commenced in more than one court of this state, the court in which the proceeding

was first commenced shall continue to hear the matter, and the other courts shall hold

the matter in abeyance until the question of venue is decided, and if the ruling court

determines that venue is properly in another court, it shall transfer the proceeding to

the other court.

3. If a court finds that in the interest of justice a proceeding or a file should be located in

another court of this state, the court making the finding may transfer the proceeding or

file to the other court.
N.D. Cent. Code § 30.1-18-03 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-03
30.1-18-03. (3-703) General duties - Relation and liability to persons interested in estate - Standing to sue
Status: in_force

30.1-18-03. (3-703) General duties - Relation and liability to persons interested in

estate - Standing to sue.

1. A personal representative is a fiduciary who shall observe the standards of care

applicable to trustees. A personal representative is under a duty to settle and distribute

the estate of the decedent in accordance with the terms of any probated and effective

will and this title, and as expeditiously and efficiently as is consistent with the best

interests of the estate. The personal representative shall use the authority conferred

upon the personal representative by this title, the terms of the will, if any, and any order

in proceedings to which the personal representative is party for the best interests of

successors to the estate.

2. A personal representative may not be surcharged for acts of administration or

distribution if the conduct in question was authorized at the time. Subject to other

obligations of administration, an informally probated will authorizes a personal

representative to administer and distribute the estate according to its terms. An order

of appointment of a personal representative, whether issued in informal or formal

proceedings, authorizes the personal representative to distribute apparently intestate

assets to the heirs of the decedent if, at the time of distribution, the personal

representative is not aware of a pending testacy proceeding, a proceeding to vacate

an order entered in an earlier testacy proceeding, a formal proceeding questioning the

personal representative's appointment or fitness to continue, or a supervised

administration proceeding. This section does not affect the duty of the personal

representative to administer and distribute the estate in accordance with the rights of

claimants whose claims have been allowed, the surviving spouse, any minor and

dependent children, and any pretermitted child of the decedent as described in this

title.

3. Except as to proceedings which do not survive the death of the decedent, a personal

representative of a decedent domiciled in this state at the decedent's death has the

same standing to sue and be sued in the courts of this state and the courts of any

other jurisdiction as the decedent had immediately prior to death.
N.D. Cent. Code § 30.1-08.1-01 — ND Code / Title 30.1 / Chapter 30.1-08.1 / Section 30.1-08.1-01
30.1-08.1-01. Declaratory judgment
Status: in_force

30.1-08.1-01. Declaratory judgment

Any person who executes a will disposing of the person's estate in accordance with this title

may institute a proceeding under chapter 32-23 for a judgment declaring the validity of the will

as to the signature on the will, the required number of witnesses to the signature and their

signatures, and the testamentary capacity and freedom from undue influence of the person

executing the will.
N.D. Cent. Code § 30.1-09-11 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-11
30.1-09-11. Construction of generic terms to accord with relationships as defined for intestate succession
Status: repealed

30.1-09-11. Construction of generic terms to accord with relationships as defined for

intestate succession.

Repealed by S.L. 1993, ch. 334, § 50.
N.D. Cent. Code § 30.1-24-02 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-02
30.1-24-02. (4-201) Payment of debt and delivery of property to domiciliary foreign personal representative without local administration
Status: in_force

30.1-24-02. (4-201) Payment of debt and delivery of property to domiciliary foreign

personal representative without local administration.

At any time after the expiration of sixty days from the death of a nonresident decedent, any

person indebted to the estate of the nonresident decedent or having possession or control of

personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action

belonging to the estate of the nonresident decedent may pay the debt, deliver the personal

property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the

domiciliary foreign personal representative of the nonresident decedent upon being presented

with proof of the personal representative's appointment and an affidavit made by or on behalf of

the personal representative stating:

1. The date of the death of the nonresident decedent.

2. That no local administration, or application, or petition therefor, is pending in this state.

3. That the domiciliary foreign personal representative is entitled to payment or delivery.
N.D. Cent. Code § 30.1-19-13 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-13
30.1-19-13. (3-813) Compromise of claims
Status: in_force

30.1-19-13. (3-813) Compromise of claims

When a claim against the estate has been presented in any manner, the personal

representative may, if it appears for the best interest of the estate, compromise the claim,

whether due or not due, absolute or contingent, liquidated or unliquidated.
N.D. Cent. Code § 30.1-29-31 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-31
30.1-29-31. (5-431) Payment of debt and delivery of property to foreign conservator without local proceedings
Status: in_force

30.1-29-31. (5-431) Payment of debt and delivery of property to foreign conservator

without local proceedings.

Any person indebted to a protected person, or having possession of property or of an

instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay

or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of

the state of residence of the protected person, upon being presented with proof of the

appointment and an affidavit made by the fiduciary or on the fiduciary's behalf stating:

1. That no protective proceeding relating to the protected person is pending in this state.

2. That the foreign conservator is entitled to payment or to receive delivery.

If the person to whom the affidavit is presented is not aware of any protective proceeding

pending in this state, payment or delivery in response to the demand and affidavit discharges

the debtor or possessor.
N.D. Cent. Code § 30.1-21-04 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-04
30.1-21-04. (3-1004) Liability of distributees to claimants
Status: in_force

30.1-21-04. (3-1004) Liability of distributees to claimants

After assets of an estate have been distributed and subject to section 30.1-21-06, an

undischarged claim, not barred, may be prosecuted in a proceeding against one or more

distributees. No distributee shall be liable to claimants for amounts received as exempt property,

homestead or family allowances, or for amounts in excess of the value of the distributee's

distribution as of the time of distribution. As between distributees, each shall bear the cost of

satisfaction of unbarred claims as if the claim had been satisfied in the course of administration.

Any distributee who has failed to notify other distributees of the demand made upon the

distributee by the claimant in sufficient time to permit them to join in any proceeding in which the

claim was asserted against the distributee loses the distributee's right of contribution against

other distributees.
N.D. Cent. Code § 30.1-26-02 — ND Code / Title 30.1 / Chapter 30.1-26 / Section 30.1-26-02
30.1-26-02. (5-102) Jurisdiction of subject matter - Consolidation of proceedings
Status: in_force

30.1-26-02. (5-102) Jurisdiction of subject matter - Consolidation of proceedings

The court has jurisdiction over protective proceedings and guardianship proceedings.
N.D. Cent. Code § 30.1-29-05 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-05
30.1-29-05. (5-405) Notice
Status: in_force

30.1-29-05. (5-405) Notice

On a petition for appointment of a conservator or other protective order, the petitioning party

shall cause notice of the proceeding to be served personally on the person to be protected and

the spouse of the person to be protected or, if none, the parents of the person to be protected,

or any guardian or conservator, at least fourteen days before the date of hearing. If none of

these parties can be found, any government agency paying benefits to the person sought to be

protected, if the person seeking the appointment has knowledge of the existence of these

benefits, must be given notice in accordance with section 30.1-03-01.
N.D. Cent. Code § 30.1-16-02 — ND Code / Title 30.1 / Chapter 30.1-16 / Section 30.1-16-02
30.1-16-02. (3-502) Supervised administration - Petition - Order
Status: in_force

30.1-16-02. (3-502) Supervised administration - Petition - Order

A petition for supervised administration may be filed by any interested person or by a

personal representative at any time or the request for supervised administration may be joined

with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the

priority and qualification of any personal representative have not been adjudicated previously,

the petition for supervised administration shall include the matters required of a petition in a

formal testacy proceeding and the notice requirements and procedures applicable to a formal

testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of

the decedent and questions relating to the priority and qualifications of the personal

representative in any case involving a request for supervised administration, even though the

request for supervised administration may be denied. After notice to interested persons, the

court shall order supervised administration of a decedent's estate:

1. If the decedent's will directs supervised administration, it shall be ordered unless the

court finds that circumstances bearing on the need for supervised administration have

changed since the execution of the will and that there is no necessity for supervised

administration.

2. If the decedent's will directs unsupervised administration, supervised administration

shall be ordered only upon a finding that it is necessary for protection of persons

interested in the estate.

3. In other cases if the court finds that supervised administration is necessary under the

circumstances.
N.D. Cent. Code § 30.1-31-16 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-16
30.1-31-16. (6-223) Payment on P.O.D designation
Status: in_force

30.1-31-16. (6-223) Payment on P.O.D. designation

A financial institution, on request, may pay sums on deposit in an account with a P.O.D.

designation to:

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

deceased when the payment is requested and whether or not a party survives another

party;

2. The beneficiary or beneficiaries, if proof of death is presented to the financial institution

showing that the beneficiary or beneficiaries survived all persons named as parties; or

3. 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.
N.D. Cent. Code § 30.1-08-09 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-09
30.1-08-09. (2-509) Revival of revoked will
Status: in_force

30.1-08-09. (2-509) Revival of revoked will

1. If a subsequent will that wholly revoked a previous will is thereafter revoked by a

revocatory act under subdivision b of subsection 1 of section 30.1-08-07, the previous

will remains revoked unless it is revived. The previous will is revived if it is evident from

the circumstances of the revocation of the subsequent will or from the testator's

contemporary or subsequent declarations that the testator intended the previous will to

take effect as executed.

2. If a subsequent will that partly revoked a previous will is thereafter revoked by a

revocatory act under subdivision b of subsection 1 of section 30.1-08-07, a revoked

part of the previous will is revived unless it is evident from the circumstances of the

revocation of the subsequent will or from the testator's contemporary or subsequent

declarations that the testator did not intend the revoked part to take effect as executed.

3. If a subsequent will that revoked a previous will in whole or in part is thereafter

revoked by another, later, will, the previous will remains revoked in whole or in part,

unless it or its revoked part is revived. The previous will or its revoked part is revived to

the extent it appears from the terms of the later will that the testator intended the

previous will to take effect.
N.D. Cent. Code § 30.1-31-01 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-01
30.1-31-01. (6-101) Nonprobate transfers on death
Status: in_force

30.1-31-01. (6-101) Nonprobate transfers on death

1. A provision for a nonprobate transfer on death in an insurance policy, contract of

employment, bond, mortgage, promissory note, certificated or uncertificated security,

account agreement, custodial agreement, deposit agreement, compensation plan,

pension plan, individual retirement plan, employee benefit plan, trust, conveyance,

deed of gift, marital property agreement, or other written instrument of a similar nature

is nontestamentary. This subsection includes a written provision that:

a. Money or other benefits due to, controlled by, or owned by a decedent before

death must be paid after the decedent's death to a person whom the decedent

designates either in the instrument or in a separate writing, including a will,

executed either before or at the same time as the instrument, or later;

b. Money due or to become due under the instrument ceases to be payable in the

event of death of the promisee or the promisor before payment or demand; or

c. Any property controlled by or owned by the decedent before death which is the

subject of the instrument passes to a person the decedent designates either in

the instrument or in a separate writing, including a will, executed either before or

at the same time as the instrument, or later.

2. Subsection 1 does not limit rights of creditors under other laws of this state.
N.D. Cent. Code § 30.1-14-02 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-02
30.1-14-02. (3-302) Informal probate - Duty of court - Effect of informal probate
Status: in_force

30.1-14-02. (3-302) Informal probate - Duty of court - Effect of informal probate

Upon receipt of an application requesting informal probate of a will, the court, upon making

the findings required by section 30.1-14-03, shall issue a written statement of informal probate if

at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is

conclusive as to all persons until superseded by an order in a formal testacy proceeding. No

defect in the application or procedure relating thereto which leads to informal probate of a will

renders the probate void.
N.D. Cent. Code § 30.1-29-17 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-17
30.1-29-17. (5-417) General duty of conservator
Status: in_force

30.1-29-17. (5-417) General duty of conservator

In the exercise of conservator's powers, a conservator is to act as a fiduciary and shall

observe the standards of care applicable to trustees.
N.D. Cent. Code § 30.1-29-07 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-07
30.1-29-07. (5-407) Procedure concerning hearing and order on original petition
Status: in_force

30.1-29-07. (5-407) Procedure concerning hearing and order on original petition

1. Upon receipt of a petition for appointment of a conservator or other protective order

because of minority, the court shall set a date for hearing on the matters alleged in the

petition. The proposed conservator, if any, shall attend the hearing unless excused by

the court for good cause. If, at any time in the proceeding, the court determines that

the interests of the minor are or may be inadequately represented, it may appoint an

attorney to serve as guardian ad litem for the minor, giving consideration to the choice

of the minor if fourteen years of age or older. The duties of a guardian ad litem include:

a. Meeting, interviewing, and consulting with the person to be protected regarding

the conservatorship proceeding, including explaining the purpose for the interview

in the language, mode of communication, and terms the person is most likely to

understand, the nature and possible consequences of the proceeding, the rights

to which the person is entitled, and the legal options available, including the right

to retain an attorney to represent the person;

b. Advocating for the best interests of the person to be protected. The appointed

attorney serving as guardian ad litem may not represent the person in a legal

capacity;

c. Ascertaining the views of the person to be protected concerning the proposed

conservator, the powers and duties of the proposed conservator, the proposed

conservatorship, and the scope and duration of the conservatorship;

d. Interviewing the person seeking appointment as conservator;

e. Obtaining any other relevant information;

f. Submitting a written report to the court containing the guardian ad litem's

response to the petition and an assessment of the protected person's ability to

attend the hearing either in person or by remote means; and

g. Attending the hearing unless excused by the court for good cause.

2. Upon receipt of a petition for appointment of a conservator or other protective order for

reasons other than minority, the court shall set a date for hearing. The proposed

conservator, if any, shall attend the hearing unless excused by the court for good

cause. If, at any time in the proceeding, the court determines that the interests of the

person to be protected are or may be inadequately represented, the court shall appoint

an attorney to serve as guardian ad litem for the person to be protected. The duties of

a guardian ad litem include:

a. Meeting, interviewing, and consulting with the person to be protected regarding

the conservatorship proceeding, including explaining the purpose for the interview

in the language, mode of communication, and terms the person is most likely to

understand, the nature and possible consequences of the proceeding, the rights

to which the person is entitled, and the legal options available, including the right

to retain an attorney to represent the person;

b. Advocating for the best interests of the person to be protected. The appointed

attorney serving as guardian ad litem may not represent the person in a legal

capacity;

c. Ascertaining the views of the person to be protected concerning the proposed

conservator, the powers and duties of the proposed conservator, the proposed

conservatorship, and the scope and duration of the conservatorship;

d. Interviewing the person seeking appointment as conservator;

e. Obtaining any other relevant information;

f. Submitting a written report to the court containing the guardian ad litem's

response to the petition and an assessment of the protected person's ability to

attend the hearing either in person or by remote means; and

g. Attending the hearing unless excused by the court for good cause.

3. If the petition seeks appointment of a conservator or other protective order for reasons

other than minority and the alleged disability is mental illness, mental deficiency,

physical illness or disability, chronic use of drugs, or chronic intoxication, the court

shall direct the person to be protected be examined by an expert examiner designated

by the court. The expert examiner preferably should be someone who is not connected

with any institution in which the person is a patient or is detained.

a. An expert examiner appointed under this subsection shall examine the person to

be protected and submit a written report to the court. The report must contain:

(1) A description of the nature and degree of any current disability, including the

medical or psychological history, if reasonably available;

(2) A medical prognosis or psychological evaluation specifying the estimated

severity and duration of any current disability;

(3) A statement about how or in what manner any underlying condition of

physical or mental health affects the ability of the person to be protected to

provide for personal needs; and

(4) A statement about whether any current medication or physical or mental

conditions affect the demeanor of the person to be protected or the ability of

the person to attend and participate fully in any court proceeding or in any

other procedure required by the court or by court rule.

b. The court, guardian ad litem, petitioner, or person to be protected may subpoena

the expert examiner who prepared and submitted the report to appear, testify, and

be cross-examined.

4. The person to be protected 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 of

the physical difficulty of the person to be protected to attend the hearing. The court

shall take all necessary steps to make the courts and court proceedings accessible

and understandable to impaired persons. The court may convene temporarily, or for

the entire proceeding, at any other location if it is in the best interest of the person to

be protected.

5. In determining whether appointment of a conservator is appropriate, the court shall

consider the reports ordered by the court under this section from a guardian ad litem

and an expert examiner. In any case in which the veterans' administration is or may be

an interested party, a certificate of an authorized official of the veterans' administration

that the person to be protected has been found incapable of handling their benefits

payable on examination in accordance with the laws and regulations governing the

veterans' administration is prima facie evidence of the necessity for a conservator or

other protective order.

6. After hearing, upon finding that the appointment of a conservator or other protective

order is appropriate, the court shall make an appointment or other appropriate

protective order. The court, guardian ad litem, petitioner, or person to be protected

may subpoena the individual who prepared and submitted the report to appear, testify,

and be cross-examined. After the hearing, the guardian ad litem and expert examiner

must be discharged of the duties as guardian ad litem and expert examiner.

7. If the court approves a conservator, that person may receive reasonable compensation

and reimbursement from the protected person's estate if the compensation and

reimbursement will not unreasonably jeopardize the protected person'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 protected person's estate;

b. The benefit to the protected person, or the protected person's estate, of the

conservator's services;

c. The necessity for the services performed;

d. The protected person's anticipated future needs and income;

e. The time spent by the conservator 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 conservator'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 protected person;

k. The experience, reputation, diligence, and ability of the person performing the

service;

l. Any conflict of interest the conservator may have; and

m. Whether the appointment as conservator precluded the conservator from other

employment.

8. The court may determine the weight to be given to each factor under subsection 7, if

any, 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.

9. The court shall approve compensation and reimbursement before payment to the

conservator is made.
N.D. Cent. Code § 30.1-29-09 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-09
30.1-29-09. (5-409) Protective arrangements and single transactions authorized
Status: in_force

30.1-29-09. (5-409) Protective arrangements and single transactions authorized

1. If it is established in a proper proceeding that a basis exists, as described in section

30.1-29-01, for affecting the property and affairs of a person, the court, without

appointing a conservator, may authorize, direct, or ratify any transaction necessary or

desirable to achieve any security, service, or care arrangement meeting the

foreseeable needs of the protected person. Protective arrangements include payment,

delivery, deposit, or retention of funds or property, sale, mortgage, lease, or other

transfer of property, entry into an annuity contract, a contract for life care, a deposit

contract, a contract for training and education, or addition to or establishment of a

suitable trust. The sale of real property is subject to section 30.1-29-22.

2. When it has been established in a proper proceeding that a basis exists, as described

in section 30.1-29-01, for affecting the property and affairs of a person, the court,

without appointing a conservator, may authorize, direct, or ratify any contract, trust, or

other transaction relating to the protected person's financial affairs or involving the

protected person's estate if the court determines that the transaction is in the best

interests of the protected person.

3. Before approving a protective arrangement or other transaction under this section, the

court shall consider the interests of creditors and dependents of the protected person

and, in view of the protected person's disability, whether the protected person needs

the continuing protection of a conservator. The court may appoint a special

conservator to assist in the accomplishment of any protective arrangement or other

transaction authorized under this section who shall have the authority conferred by the

order and serve until discharged by order, after report to the court of all matters done

pursuant to the order of appointment.

4. This section does not apply to a guardian or conservator.
N.D. Cent. Code § 30.1-18-11 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-11
30.1-18-11. (3-711) Powers of personal representatives - In general
Status: in_force

30.1-18-11. (3-711) Powers of personal representatives - In general

Until termination of the personal representative's appointment, a personal representative

has the same power over the title to property of the estate that an absolute owner would have,

in trust however, for the benefit of the creditors and others interested in the estate. This power

may be exercised without notice, hearing, or order of court.
N.D. Cent. Code § 30.1-12-09 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-09
30.1-12-09. (3-109) Statutes of limitation on decedent's claim for relief
Status: in_force

30.1-12-09. (3-109) Statutes of limitation on decedent's claim for relief

No statute of limitation running on a claim for relief belonging to a decedent which had not

been barred as of the date of the decedent's death applies to bar a claim for relief surviving the

decedent's death sooner than four months after death. A claim for relief which, but for this

section, would have been barred less than four months after death is barred after four months

unless tolled.
N.D. Cent. Code § 30.1-18-20 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-20
30.1-18-20. (3-720) Expenses in estate litigation
Status: in_force

30.1-18-20. (3-720) Expenses in estate litigation

If any personal representative or person nominated as personal representative defends or

prosecutes any proceeding in good faith, whether successful or not, the personal representative

or nominee is entitled to receive from the estate necessary expenses and disbursements,

including reasonable attorney's fees incurred.
N.D. Cent. Code § 30.1-36-08 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-08
30.1-36-08. Reliance on agreement - Limitation of liability
Status: in_force

30.1-36-08. Reliance on agreement - Limitation of liability

1. Any third person who receives a copy of a supported decisionmaking agreement shall

rely on the agreement, unless:

a. The third person has cause to believe the named individual is being abused,

neglected, or exploited by the supporter;

b. The third person has actual knowledge or notice the supported decisionmaking

agreement is invalid; or

c. The third person has actual knowledge or notice the supported decisionmaking

agreement has been terminated.

2. A third person is not subject to criminal or civil liability and has not engaged in

professional misconduct for an act or omission if the act or omission is done in good

faith and in reliance on a supported decisionmaking agreement.

3. An entity, custodian, or organization that discloses personal information about a

named individual to a supporter who has written authorization to access, collect, or

obtain, or to assist a named individual to access, collect, or obtain that information, is

immune from any action alleging the entity, custodian, or organization improperly or

unlawfully disclosed information to the supporter unless:

a. The entity, custodian, or organization had actual knowledge or notice the named

individual had revoked the authorization;

b. The entity, custodian, or organization had actual knowledge or notice the

supported decisionmaking agreement is invalid; or

c. The entity, custodian, or organization knowingly or recklessly disclosed

information beyond the scope of the authorization.

4. A third person is not protected from charges of professional misconduct and is not

immune from liability for:

a. Acting inconsistently with the known expressed wishes of a named individual; or

b. Failing to provide documents, records, or other information to either a named

individual or a supporter who has written authorization for lawful access to or

copies of the information.

5. A supported decisionmaking agreement does not relieve a person of legal obligations

to provide services to an individual with a disability.
N.D. Cent. Code § 30.1-10.1-11 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-11
30.1-10.1-11. (2-1115) Recording of disclaimer
Status: in_force

30.1-10.1-11. (2-1115) Recording of disclaimer

If an instrument transferring an interest in or power over property subject to a disclaimer is

required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed,

recorded, or registered. Except as required in subsection 6 of section 30.1-10.1-09, failure to

file, record, or register the disclaimer does not affect its validity as between the disclaimant and

persons to whom the property interest or power passes by reason of the disclaimer.
N.D. Cent. Code § 30.1-29-11 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-11
30.1-29-11. (5-411) Bond
Status: in_force

30.1-29-11. (5-411) Bond

Except as provided herein, the court shall require a conservator to furnish a bond

conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it

shall specify. Unless reduced or waived by the court for good cause, the bond shall be in the

amount of the aggregate capital value of the property of the estate in the conservator's control

plus one year's estimated income, including veterans' administration benefits received during

that year, minus the value of securities deposited under arrangements requiring an order of the

court for their removal and the value of any land which the fiduciary, by express limitation of

power, lacks power to sell or convey without court authorization. In lieu of sureties on a bond,

the court may accept other security for the performance of the bond, including a pledge of

securities or a mortgage of land.
N.D. Cent. Code § 30.1-12-05 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-05
30.1-12-05. (3-105) Proceedings affecting devolution and administration - Jurisdiction of subject matter
Status: in_force

30.1-12-05. (3-105) Proceedings affecting devolution and administration - Jurisdiction

of subject matter.

Persons interested in decedents' estates may apply to the court for determination in the

informal proceedings provided in chapters 30.1-12 through 30.1-23 and may petition the court

for orders in formal proceedings within the court's jurisdiction, including those described in

chapters 30.1-12 through 30.1-23. The court has exclusive jurisdiction of formal proceedings to

determine how decedents' estates subject to the laws of this state are to be administered,

expended, and distributed, including actions to determine title to property alleged to belong to

the estate and of any action or proceeding in which property distributed by a personal

representative or its value is sought to be subjected to rights of creditors or successors of the

decedent.
N.D. Cent. Code § 30.1-29-10 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-10
30.1-29-10. (5-410) Who may be appointed conservator - Priorities
Status: in_force

30.1-29-10. (5-410) Who may be appointed conservator - Priorities

1. The court may appoint an individual, limited liability company, association, corporation,

or other entity with general power to serve as trustee, as conservator of the estate of a

protected person.

2. Unless lack of qualification or other good cause dictates the contrary, the court shall

appoint a conservator in accordance with the protected 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 conservator in the following order:

a. A conservator, guardian of property, or other like fiduciary appointed or

recognized by the appropriate court of any other jurisdiction in which the

protected person resides.

b. An individual or corporation nominated by the protected person by other means

than provided for in subsection 2 if the protected person is fourteen or more years

of age and, in the opinion of the court, has sufficient mental capacity to make an

intelligent choice.

c. The spouse of the protected person.

d. An adult child of the protected person.

e. A parent of the protected person, or a person nominated by the will of a deceased

parent.

f. Any relative of the protected person with whom the protected person has resided

for more than six months prior to the filing of the petition.

g. A person nominated by the person who is caring for or paying benefits to the

protected person.

4. A person denominated in subdivision a, c, d, e, or f of subsection 3 may nominate, in

writing, a substitute to serve instead and thereby transfer the priority to the substitute.

With respect to persons having equal priority, the court is to select the one who is best

qualified of those willing to serve. The court, for good cause, may pass over a person

having higher priority and appoint a person having lower priority or no priority.
N.D. Cent. Code § 30.1-28-14 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-14
30.1-28-14. Guardianships established before July 1, 1990
Status: in_force

30.1-28-14. Guardianships established before July 1, 1990

The powers and duties of guardians and the rights and privileges of wards under

guardianships established before July 1, 1990, are as provided by this chapter as it existed on

June 30, 1990, and are not affected by chapter 405 of the 1989 Session Laws, except that

guardians appointed before July 1, 1990, must comply with the requirements of subsections 2,

4, 5, and 8 of section 30.1-28-12.
N.D. Cent. Code § 30.1-08-07 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-07
30.1-08-07. (2-507) Revocation by writing or by act
Status: in_force

30.1-08-07. (2-507) Revocation by writing or by act

1. A will or any part thereof is revoked:

a. By executing a subsequent will that revokes the previous will or part expressly or

by inconsistency; or

b. By performing a revocatory act on the will, if the testator performed the act with

the intent and for the purpose of revoking the will or part or if another individual

performed the act in the testator's conscious presence and by the testator's

direction. For purposes of this subdivision, "revocatory act on the will" includes

burning, tearing, canceling, obliterating, or destroying the will or any part of it. A

burning, tearing, or canceling is a "revocatory act on the will", whether or not the

burn, tear, or cancellation touched any of the words on the will.

2. If a subsequent will does not expressly revoke a previous will, the execution of the

subsequent will wholly revokes the previous will by inconsistency if the testator

intended the subsequent will to replace rather than supplement the previous will.

3. The testator is presumed to have intended a subsequent will to replace rather than

supplement a previous will if the subsequent will makes a complete disposition of the

testator's estate. If this presumption arises and is not rebutted by clear and convincing

evidence, the previous will is revoked; only the subsequent will is operative on the

testator's death.

4. The testator is presumed to have intended a subsequent will to supplement rather than

replace a previous will if the subsequent will does not make a complete disposition of

the testator's estate. If this presumption arises and is not rebutted by clear and

convincing evidence, the subsequent will revokes the previous will only to the extent

the subsequent will is inconsistent with the previous will; each will is fully operative on

the testator's death to the extent they are not inconsistent.
N.D. Cent. Code § 30.1-25-04 — ND Code / Title 30.1 / Chapter 30.1-25 / Section 30.1-25-04
30.1-25-04. (4-401) Effect of adjudication for or against personal representative
Status: in_force

30.1-25-04. (4-401) Effect of adjudication for or against personal representative

An adjudication rendered in any jurisdiction in favor of or against any personal

representative of the estate is as binding on the local personal representative as if the local

personal representative were a party to the adjudication.
N.D. Cent. Code § 30.1-19-07 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-07
30.1-19-07. (3-807) Payment of claims
Status: in_force

30.1-19-07. (3-807) Payment of claims

1. Upon the expiration of three months from the date of the first publication and mailing of

the notice to creditors, the personal representative shall proceed to pay the claims

allowed against the estate in the order of priority prescribed, after making provision for

homestead, family, and support allowances, for claims already presented which have

not yet been allowed or whose allowance has been appealed, and for unbarred claims

that may yet be presented, including costs and expenses of administration. By petition

to the court in a proceeding for the purpose, or by appropriate motion if the

administration is supervised, a claimant whose claim has been allowed but not paid as

provided herein may secure an order directing the personal representative to pay the

claim to the extent that funds of the estate are available for the payment.

2. The personal representative at any time may pay any just claim which has not been

barred, with or without formal presentation, but the personal representative is

personally liable to any other claimant whose claim is allowed and who is injured by

such payment if:

a. The payment was made before the expiration of the time limit stated in

subsection 1 and the personal representative failed to require the payee to give

adequate security for the refund of any of the payment necessary to pay other

claimants; or

b. The payment was made, due to the negligence or willful fault of the personal

representative, in such manner as to deprive the injured claimant of the injured

claimant's priority.
N.D. Cent. Code § 30.1-20-03 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-03
30.1-20-03. (3-903) Right of retainer
Status: in_force

30.1-20-03. (3-903) Right of retainer

The amount of a noncontingent indebtedness of a successor to the estate if due, or its

present value if not due, shall be offset against the successor's interest. But, the successor has

the benefit of any defense which would be available to the successor in a direct proceeding for

recovery of the debt.
N.D. Cent. Code § 30.1-15-06 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-06
30.1-15-06. (3-406) Formal testacy proceedings - Contested cases
Status: in_force

30.1-15-06. (3-406) Formal testacy proceedings - Contested cases

In a contested case in which the proper execution of a will is at issue, the following rules

apply:

1. If the will is self-proved pursuant to section 30.1-08-04, the will complies with the

requirements for execution without the testimony of any attesting witness, upon filing

the will and the acknowledgment and affidavits annexed or attached to it, unless there

is evidence of fraud or forgery affecting the acknowledgment or affidavit.

2. If the will is notarized pursuant to paragraph 2 of subdivision c of subsection 1 of

section 30.1-08-02, but not self-proved, there is a rebuttable presumption that the will

complies with the requirements for execution upon filing the will.

3. If the will is witnessed pursuant to paragraph 1 of subdivision c of subsection 1 of

section 30.1-08-02, but not notarized or self-proved, the testimony of at least one of

the attesting witnesses is required to establish proper execution if the witness is within

this state, competent, and able to testify. Proper execution may be established by

other evidence, including an affidavit of an attesting witness. An attestation clause that

is signed by the attesting witnesses raises a rebuttable presumption that the events

recited in the clause occurred.
N.D. Cent. Code § 30.1-28-10.1 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-10.1
30.1-28-10.1. Emergency guardian
Status: in_force

30.1-28-10.1. Emergency guardian

1. On petition by a person interested in the alleged incapacitated individual's welfare, the

court may appoint an emergency guardian if the court finds that compliance with the

procedures of this chapter likely will result in substantial harm to the alleged

incapacitated individual's health, safety, or welfare, and that no other person appears

to have authority and willingness to act in the circumstances. The court may appoint

the guardian for a specified period of time, not to exceed ninety days. Immediately

upon receipt of the petition for an emergency guardianship, the court shall appoint a

guardian ad litem to advocate for the best interests of the alleged incapacitated

individual in the proceeding and any subsequent proceeding. The court shall hold a

hearing within ten days of the filing of the petition to determine if appointment of an

emergency guardian is appropriate.

2. An emergency guardian may be appointed without notice to the alleged incapacitated

individual and the alleged incapacitated individual's guardian ad litem only if the court

finds from affidavit or other sworn testimony that the alleged incapacitated individual

will be substantially harmed before a hearing on the appointment can be held. If the

court appoints an emergency guardian without notice to the alleged incapacitated

individual, the alleged incapacitated individual and the individual's spouse, if any, and

any other person the court directs must be given notice of the appointment within forty-

eight hours after the appointment. The court shall hold a hearing on the

appropriateness of the appointment within ten days after the appointment.

3. If a conservator has not been appointed for the alleged incapacitated individual and

the emergency guardian has authority for financial decisionmaking, the court's order of

appointment must state that the guardian shall safeguard any assets held by the

alleged incapacitated individual and, during the period of appointment and subject to

any further order of the court, may expend the individual's assets only for the

necessary support and care of the individual.

4. Appointment of an emergency guardian, with or without notice, is not a determination

of the alleged incapacitated individual's incapacity.

5. The court may remove an emergency guardian at any time. An emergency guardian

shall make any report the court requires. In all other respects, the provisions of this

chapter concerning guardians apply to an emergency guardian.

6. The petitioner may request the court extend the emergency order for up to an

additional ninety days upon good cause shown. The request must be filed with the

court at least fourteen days before the expiration of the emergency order and served

on the alleged incapacitated individual, the individual's spouse, if any, and any other

persons as the court directs. The court shall hold a hearing on the appropriateness of

the extension within ten days of the request. No additional extensions of the

emergency guardianship may be granted.
N.D. Cent. Code § 30.1-17-03 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-03
30.1-17-03. (3-603) Bond not required without court order - Exceptions
Status: in_force

30.1-17-03. (3-603) Bond not required without court order - Exceptions

No bond is required of a personal representative appointed in informal proceedings, except:

1. Upon the appointment of a special administrator;

2. When an executor or other personal representative is appointed to administer an

estate under a will containing an express requirement of bond; or

3. When bond is required under section 30.1-17-05.

Bond may be required by court order at the time of appointment of a personal representative

appointed in any formal proceeding, except that bond is not required of a personal

representative appointed in formal proceedings if the will relieves the personal representative of

bond, unless bond has been requested by an interested party and the court is satisfied that it is

desirable. Bond required by any will may be dispensed with in formal proceedings upon

determination by the court that it is not necessary. No bond is required of any personal

representative who, pursuant to statute, has deposited cash or collateral with an agency of this

state to secure performance of the personal representative's duties.
N.D. Cent. Code § 30.1-20-05 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-05
30.1-20-05. (2-517, 3-905) Penalty clause for contest
Status: in_force

30.1-20-05. (2-517, 3-905) Penalty clause for contest

A provision in a will purporting to penalize an interested person for contesting the will or

instituting other proceedings relating to the estate is unenforceable if probable cause exists for

instituting proceedings.
N.D. Cent. Code § 30.1-28-18 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-18
30.1-28-18. Length of involuntary treatment with prescribed medication and continuing treatment orders
Status: in_force

30.1-28-18. Length of involuntary treatment with prescribed medication and

continuing treatment orders.

An initial order for a guardian to consent to involuntary treatment with prescribed mood

stabilizer or antipsychotic medication may not exceed ninety days, unless the court is presented

with evidence that the ward will continue to require treatment beyond the ninety-day period with

the prescribed medication and the ward has historically declined treatment with subsequent

harm to self or others. If the court determines the ward will continue to require treatment beyond

the ninety-day period and orders continuing treatment, the order for a guardian to consent to

continuing treatment may not exceed the term of the appointment of the guardian.
N.D. Cent. Code § 30.1-08.2-02 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-02
30.1-08.2-02. (2-1002) International will - Validity
Status: in_force

30.1-08.2-02. (2-1002) International will - Validity

1. A will is valid in form, irrespective of the place where it is made, of the location of the

assets and of the nationality, domicile, or residence of the testator, if it is made in the

form of an international will complying with the requirements of this chapter.

2. The invalidity of the will as an international will does not affect its formal validity as a

will of another kind.

3. This chapter does not apply to the form of testamentary dispositions made by two or

more persons in one instrument.
N.D. Cent. Code § 30.1-09-03 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-03
30.1-09-03. (2-601) Rules of construction and intention applicable only to wills
Status: in_force

30.1-09-03. (2-601) Rules of construction and intention applicable only to wills

The intention of a testator as expressed in the testator's will controls the legal effect of the

testator's dispositions. The rules of construction expressed in this chapter apply unless a

contrary intention is indicated by the will.
N.D. Cent. Code § 30.1-09-05 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-05
30.1-09-05. (2-603) Antilapse - Deceased devisee - Class gifts
Status: in_force

30.1-09-05. (2-603) Antilapse - Deceased devisee - Class gifts

If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is

dead at the time of execution of the will, fails to survive the testator, or is treated as if the

devisee predeceased the testator, the issue of the deceased devisee who survive the testator

by one hundred twenty hours take in place of the deceased devisee and if they are all of the

same degree of kinship to the devisee they take equally, but if of unequal degree, then those of

more remote degree take by representation. One who would have been a devisee under a class

gift if that person had survived the testator is treated as a devisee for purposes of this section

where that person's death occurred before or after the execution of the will.
N.D. Cent. Code § 30.1-10-06 — ND Code / Title 30.1 / Chapter 30.1-10 / Section 30.1-10-06
30.1-10-06. (2-806) Modification to achieve transferor's tax objectives
Status: in_force

30.1-10-06. (2-806) Modification to achieve transferor's tax objectives

To achieve the transferor's tax objectives, the court may modify the terms of a governing

instrument in a manner that is not contrary to the transferor's probable intention. The court may

provide that the modification has retroactive effect.
N.D. Cent. Code § 30.1-09-07 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-07
30.1-09-07. (2-605) Change in securities - Accessions - Nonademption
Status: in_force

30.1-09-07. (2-605) Change in securities - Accessions - Nonademption

1. If a testator intended a specific devise of certain securities rather than the equivalent

value thereof, the specific devisee is entitled only to:

a. As much of the devised securities as is a part of the estate at the time of the

testator's death.

b. Any additional or other securities of the same entity owned by the testator by

reason of action initiated by the entity excluding any acquired by exercise of

purchase options.

c. Securities of another entity owned by the testator as a result of a merger,

consolidation, reorganization, or other similar action initiated by the entity.

d. Any additional securities of the entity owned by the testator as a result of a plan

of reinvestment.

2. Distributions before death with respect to a specifically devised security not provided

for in subsection 1 are not part of the specific devise.
N.D. Cent. Code § 30.1-08.1-03 — ND Code / Title 30.1 / Chapter 30.1-08.1 / Section 30.1-08.1-03
30.1-08.1-03. Finding of validity - Revocation
Status: in_force

30.1-08.1-03. Finding of validity - Revocation

If the court finds under chapter 32-23 that the will has been properly executed and that the

plaintiff testator has the requisite testamentary capacity and freedom from undue influence, it

shall declare the will valid and order it placed on file with the court. For the purposes of section

30.1-12-02, a finding of validity under this chapter shall constitute an adjudication of probate.

The will shall be binding in North Dakota unless and until the plaintiff-testator executes a new

will and institutes a new proceeding under this chapter naming the appropriate parties to the

new proceeding as well as the parties to any former proceeding brought under this chapter.
N.D. Cent. Code § 30.1-20-02 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-02
30.1-20-02. (3-902) Distribution - Order in which assets appropriated - Abatement
Status: in_force

30.1-20-02. (3-902) Distribution - Order in which assets appropriated - Abatement

1. Except as provided in subsection 2 and except as provided in connection with the

share of the surviving spouse who elects to take an elective share, shares of

distributees abate, without any preference or priority as between real and personal

property, in the following order:

a. Property not disposed of by the will.

b. Residuary devises.

c. General devises.

d. Specific devises.

For purposes of abatement, a general devise charged on any specific property or fund

is a specific devise to the extent of the value of the property on which it is charged,

and upon the failure or insufficiency of the property on which it is charged, a general

devise to the extent of the failure or insufficiency. Abatement within each classification

is in proportion to the amounts of property each of the beneficiaries would have

received if full distribution of the property had been made in accordance with the terms

of the will.

2. If the will expresses an order of abatement, or if the testamentary plan or the express

or implied purpose of the devise would be defeated by the order of abatement stated

in subsection 1, the shares of the distributees abate as may be found necessary to

give effect to the intention of the testator.

3. If the subject of a preferred devise is sold or used incident to administration,

abatement shall be achieved by appropriate adjustments in, or contribution from, other

interests in the remaining assets.
N.D. Cent. Code § 30.1-27-12 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-12
30.1-27-12. (5-212) Resignation or removal proceedings
Status: repealed

30.1-27-12. (5-212) Resignation or removal proceedings

Repealed by S.L. 2019, ch. 274, § 9.
N.D. Cent. Code § 30.1-30-03 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-03
30.1-30-03. (5-503) Relation of attorney in fact to court-appointed fiduciary
Status: in_force

30.1-30-03. (5-503) Relation of attorney in fact to court-appointed fiduciary

1. If, following execution of a durable power of attorney, a court of the principal's domicile

appoints a conservator, guardian of the estate, or other fiduciary charged with the

management of all of the principal's property or all of the principal's property except

specified exclusions, the attorney in fact is accountable to the fiduciary as well as to

the principal. The fiduciary has the same power to revoke or amend the power of

attorney that the principal would have had if the principal were not disabled or

incapacitated.

2. A principal may nominate, by a durable power of attorney, the conservator, guardian of

the principal's estate, or guardian of the principal's person for consideration by the

court if protective proceedings for the principal's person or estate are thereafter

commenced. The court shall make its appointment in accordance with the principal's

most recent nomination in a durable power of attorney except for good cause or

disqualification.
N.D. Cent. Code § 30.1-12-08 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-08
30.1-12-08. (3-108) Probate, testacy, and appointment proceedings - Ultimate time limit
Status: in_force

30.1-12-08. (3-108) Probate, testacy, and appointment proceedings - Ultimate time

limit.

No informal probate or appointment proceeding or formal testacy or appointment

proceeding, other than a proceeding to probate a will previously probated at the testator's

domicile and appointment proceedings relating to an estate in which there has been a prior

appointment, may be commenced more than three years after the decedent's death, except:

1. If a previous proceeding was dismissed because of doubt about the fact of the

decedent's death, appropriate probate, appointment, or testacy proceedings may be

maintained at any time thereafter upon a finding that the decedent's death occurred

prior to the initiation of the previous proceeding and the applicant or petitioner has not

delayed unduly in initiating the subsequent proceedings.

2. Appropriate probate, appointment, or testacy proceedings may be maintained in

relation to the estate of an absent, disappeared, or missing person for whose estate a

conservator has been appointed, at any time within three years after the conservator

becomes able to establish the death of the protected person.

3. A proceeding to contest an informally probated will and to secure appointment of the

person with legal priority for appointment in the event the contest is successful may be

commenced within the later of twelve months from the informal probate or three years

from the decedent's death.

4. An informal appointment or a formal testacy or appointment proceeding may be

commenced thereafter if no proceeding concerning the succession or estate

administration has occurred within the three-year period after the decedent's death,

but the personal representative has no right to possess estate assets as provided in

section 30.1-18-09 beyond that necessary to confirm title to the assets in the

successors to the estate and claims other than expenses of administration may not be

presented against the estate.

5. A formal testacy proceeding may be commenced at any time after three years from the

decedent's death for the purpose of establishing an instrument to direct or control the

ownership of property passing or distributable after the decedent's death from one

other than the decedent when the property is to be appointed by the terms of the

decedent's will or is to pass or be distributed as a part of the decedent's estate or its

transfer is otherwise to be controlled by the terms of the decedent's will.

These limitations do not apply to proceedings to construe probated wills or determine heirs of an

intestate. In cases under subsection 1 or 2, the date on which a testacy or appointment

proceeding is properly commenced shall be deemed to be the date of the decedent's death for

purposes of other limitations provisions of this title which relate to the date of death.
N.D. Cent. Code § 30.1-28-19 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-19
30.1-28-19. Application
Status: in_force

30.1-28-19. Application

This chapter does not limit the use of medications pursuant to sections 25-03.1-16,

25-03.1-18.1, and 25-03.1-24, or prohibit a hospital or treatment facility from rendering medical

care without consultation, if care is immediately necessary and delay would endanger the life of

or adversely and substantially affect the health of the ward or others.
N.D. Cent. Code § 30.1-09-02 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-02
30.1-09-02. Choice of law as to meaning and effect of wills
Status: repealed

30.1-09-02. Choice of law as to meaning and effect of wills

Repealed by S.L. 1993, ch. 334, § 50.
N.D. Cent. Code § 30.1-10.1-03 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-03
30.1-10.1-03. (2-1106) Disclaimer of interest in property
Status: in_force

30.1-10.1-03. (2-1106) Disclaimer of interest in property

1. Except for disclaimers governed by sections 30.1-10.1-04 and 30.1-10.1-05,

subsections 2 through 5 apply to a disclaimer of an interest in property.

2. The disclaimer takes effect as of the time the instrument creating the interest becomes

irrevocable, or, if the interest arose under the law of intestate succession, as of the

intestate's death.

3. The disclaimed interest passes according to a provision in the instrument creating the

interest providing for the disposition of the interest, should it be disclaimed, or of

disclaimed interests in general.

4. If the instrument does not contain a provision described in subsection 3 and if the

disclaimant is an individual, the disclaimed interest passes as if the disclaimant had

died immediately before the distribution time. However, if by law or under the

instrument the descendants of the disclaimant would share in the disclaimed interest

by any method of representation had the disclaimant died before the distribution time,

the disclaimed interest passes only to the descendants of the disclaimant who survive

the time of distribution. If the disclaimant is not an individual, the disclaimed interest

passes as if the disclaimant did not exist.

5. Upon the disclaimer of a preceding interest, a future interest held by a person other

than the disclaimant takes effect as if the disclaimant had died or ceased to exist

immediately before the distribution time, but a future interest held by the disclaimant

does not accelerate in possession or enjoyment.
N.D. Cent. Code § 30.1-04-06 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-06
30.1-04-06. (2-106) Representation
Status: repealed

30.1-04-06. (2-106) Representation

Repealed by S.L. 1995, ch. 322, § 26.
N.D. Cent. Code § 30.1-14-05 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-05
30.1-14-05. (3-305) Informal probate - Court not satisfied
Status: in_force

30.1-14-05. (3-305) Informal probate - Court not satisfied

If the court is not satisfied that a will is entitled to be probated in informal proceedings

because of failure to meet the requirements of sections 30.1-14-03 and 30.1-14-04, or for any

other reason specified by law, it may decline the application. A declination of informal probate is

not an adjudication and does not preclude formal probate proceedings.
N.D. Cent. Code § 30.1-08-02 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-02
30.1-08-02. (2-502) Execution - Witnessed wills - Holographic wills
Status: in_force

30.1-08-02. (2-502) Execution - Witnessed wills - Holographic wills

1. Except as provided in subsection 2 and in sections 30.1-08-06 and 30.1-08-13, a will

must be:

a. In writing.

b. Signed by the testator or in the testator's name by some other individual in the

testator's conscious presence and by the testator's direction.

c. Either signed:

(1) By at least two individuals, each of whom signed within a reasonable time

after witnessing either the signing of the will as described in subdivision b or

the testator's acknowledgment of that signature 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. A will that does not comply with subsection 1 is valid as a holographic will, whether or

not witnessed, if the signature and material portions of the document are in the

testator's handwriting.

3. Intent that a document constitute the testator's will can be established by extrinsic

evidence, including, for holographic wills, portions of the document that are not in the

testator's handwriting.
N.D. Cent. Code § 30.1-04-21 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-21
30.1-04-21. (2-122) Equitable adoption
Status: in_force

30.1-04-21. (2-122) Equitable adoption

Sections 30.1-04-14 through 30.1-04-20 do not preclude, limit, or affect application of the

doctrine of equitable adoption.
N.D. Cent. Code § 30.1-02-05 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-05
30.1-02-05. (1-305) Records and certified copies
Status: in_force

30.1-02-05. (1-305) Records and certified copies

The court or clerk of court shall keep a record for each decedent, ward, protected person, or

trust involved in any document which may be filed with the court under this title, including

petitions and applications, demands for notices or bonds, and of any orders or responses

relating thereto by the court, and establish and maintain a system for indexing, filing, or

recording which is sufficient to enable users of the records to obtain adequate information.

Certifications of probated wills must indicate whether the decedent was domiciled in this state

and whether the probate was formal or informal. Certifications of letters must show the date of

appointment.
N.D. Cent. Code § 30.1-02-01 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-01
30.1-02-01. (1-301) Territorial application
Status: in_force

30.1-02-01. (1-301) Territorial application

Except as otherwise provided in this title, this title applies to:

1. The affairs and estates of decedents, missing persons, and persons to be protected,

domiciled in this state.

2. The property of nonresidents located in this state or property coming into the control of

a fiduciary which is subject to the laws of this state.

3. Incapacitated persons and minors in this state.

4. Survivorship and related accounts in this state.

5. Trusts subject to administration in this state.
N.D. Cent. Code § 30.1-31-17 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-17
30.1-31-17. (6-224) Payment to designated agent
Status: in_force

30.1-31-17. (6-224) Payment to designated agent

A financial institution, on request of an agent under an agency designation for an account,

may pay to the agent sums on deposit in the account, whether or not a party is disabled,

incapacitated, or deceased when the request is made or received, and whether or not the

authority of the agent terminates on the disability or incapacity of a party.
N.D. Cent. Code § 30.1-04-02 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-02
30.1-04-02. (2-102) Share of spouse
Status: in_force

30.1-04-02. (2-102) Share of spouse

The intestate share of a decedent's surviving spouse is:

1. The entire intestate estate if:

a. No descendant or parent of the decedent survives the decedent; or

b. All of the decedent's surviving descendants are also descendants of the surviving

spouse and there is no other descendant of the surviving spouse who survives

the decedent.

2. The first three hundred thousand dollars, plus three-fourths of any balance of the

intestate estate, if no descendant of the decedent survives the decedent, but a parent

of the decedent survives the decedent.

3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the

intestate, if all of the decedent's surviving descendants are also descendants of the

surviving spouse and the surviving spouse has one or more surviving descendants

who are not descendants of the decedent.

4. The first one hundred fifty thousand dollars, plus one-half of any balance of the

intestate estate, if one or more of the decedent's surviving descendants are not

descendants of the surviving spouse.
N.D. Cent. Code § 30.1-08.2-09 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-09
30.1-08.2-09. (2-1010) International will information registration
Status: in_force

30.1-08.2-09. (2-1010) International will information registration

The secretary of state shall establish a registry system by which authorized persons may

register in a central information center, information regarding the execution of international wills,

keeping that information in strictest confidence until the death of the maker and then making it

available to any person desiring information about any will who presents a death certificate or

other satisfactory evidence of the testator's death to the center. Information that may be

received, preserved in confidence until death, and reported as indicated is limited to the name,

social security or any other individual identifying number established by law, address, and date

and place of birth of the testator, and the intended place of deposit or safekeeping of the

instrument pending the death of the maker. The secretary of state, at the request of the

authorized person, may cause the information it receives about execution of any international

will to be transmitted to the registry system of another jurisdiction as identified by the testator, if

that other system adheres to rules protecting the confidentiality of the information similar to

those established in this state.
N.D. Cent. Code § 30.1-28-12.2 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-12.2
30.1-28-12.2. Restrictions on visitation, communication, and interaction with the ward - Removal of restriction
Status: in_force

30.1-28-12.2. Restrictions on visitation, communication, and interaction with the

ward - Removal of restriction.

1. If it is in the best interests of the ward, a guardian may restrict visitation,

communication, and interaction with the ward.

2. A family member, friend, the ward, clergy member, attorney, agency charged with the

protection of vulnerable adults, or other interested person may move the court to

remove the restriction on visitation, communication, and interaction with the ward.

3. The motion must state:

a. The movant's relationship to the ward;

b. Whether the guardian is unreasonably or arbitrarily denying or restricting

visitation, communication, or interaction between the restricted party and the

ward; and

c. The facts supporting the movant's allegation that the guardian is unreasonably or

arbitrarily denying or restricting visitation, communication, or interaction between

the restricted party and the ward.

4. The movant shall serve the motion on those identified in section 30.1-28-09.1.

5. The court shall set a hearing on the motion and provide notice of the hearing to the

movant and those identified in section 30.1-28-09.1.

6. The court shall take into consideration the ward's wishes, and may conduct an

in-camera interview with the ward and appoint a visitor or guardian ad litem.

7. If the court grants the motion for visitation, communication, or interaction, the court

may impose conditions on visitation, communication, and interaction between the

restricted party and the ward.

8. If the visitation, communication, or interaction is not in the best interests of the ward,

the court may prohibit visitation, communication, or interaction between the restricted

party and the ward.

9. The court may award reasonable costs and attorney's fees to the prevailing party if the

court finds:

a. The guardian unreasonably, arbitrarily, or in bad faith denied or restricted

visitation, communication, or interaction between the restricted party and the

ward; or

b. The motion was frivolous.

10. Costs and attorney's fees awarded against the guardian may not be paid from the

ward's estate.

11. If a movant for visitation, communication, and interaction states the ward's health is in

significant decline or the ward's death may be imminent, the court shall conduct an

emergency hearing on the motion as soon as practicable but not later than fourteen

days after the date the motion is filed or at a later date upon a showing of good cause.
N.D. Cent. Code § 30.1-11-02 — ND Code / Title 30.1 / Chapter 30.1-11 / Section 30.1-11-02
30.1-11-02. (2-516) Duty of custodian of will - Liability
Status: in_force

30.1-11-02. (2-516) Duty of custodian of will - Liability

After the death of a testator and on request of an interested person, a person having

custody of a will of the testator shall deliver it with reasonable promptness to a person able to

secure its probate, and if none is known, to an appropriate court. A person who willfully fails to

deliver a will is liable to any person aggrieved for any damages that may be sustained by the

failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a

proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of

court.
N.D. Cent. Code § 30.1-31-06 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-06
30.1-31-06. (6-205) Designation of agent
Status: in_force

30.1-31-06. (6-205) Designation of agent

1. By a writing signed by all parties, the parties may designate as agent of all parties on

an account a person other than a party.

2. Unless the terms of an agency designation provide that the authority of the agent

terminates on disability or incapacity of a party, the agent's authority survives disability

and incapacity. The agent may act for a disabled or incapacitated party until the

authority of the agent is terminated.

3. Death of the sole party or last surviving party terminates the authority of an agent.
N.D. Cent. Code § 30.1-09.1-11 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-11
30.1-09.1-11. (2-711) Future interests in heirs and like
Status: in_force

30.1-09.1-11. (2-711) Future interests in heirs and like

If an applicable statute or a governing instrument calls for a present or future distribution to

or creates a present or future interest in a designated individual's "heirs", "heirs at law", "next of

kin", "relatives", or "family", or language of similar import, the property passes to those persons,

including the state, and in such shares as would succeed to the designated individual's intestate

estate under the intestate succession law of the designated individual's domicile if the

designated individual died when the disposition is to take effect in possession or enjoyment. If

the designated individual's surviving spouse is living but is remarried at the time the disposition

is to take effect in possession or enjoyment, the surviving spouse is not an heir of the

designated individual.
N.D. Cent. Code § 30.1-29-06 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-06
30.1-29-06. (5-406) Protective proceedings - Request for notice - Interested person
Status: in_force

30.1-29-06. (5-406) Protective proceedings - Request for notice - Interested person

Any interested person who desires to be notified before any order is made in a protective

proceeding may file with the court a request for notice subsequent to payment of any fee

required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if

one has been appointed. A request is not effective unless it contains a statement showing the

interest of the person making it and the person's address, or that of the person's attorney, and is

effective only as to matters occurring after the filing. Any governmental agency paying or

planning to pay benefits to the person to be protected is an interested person in protective

proceedings.
N.D. Cent. Code § 30.1-09-08 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-08
30.1-09-08. (2-606) Nonademption of specific devises - Unpaid proceeds of sale, condemnation, or insurance - Sale by conservator
Status: in_force

30.1-09-08. (2-606) Nonademption of specific devises - Unpaid proceeds of sale,

condemnation, or insurance - Sale by conservator.

1. A specific devisee has the right to specifically devised property in the testator's estate

at the testator's death and to:

a. Any balance of the purchase price, together with any security interest, owed by a

purchaser at the testator's death by reason of sale of the property by the testator.

b. Any amount of a condemnation award for the taking of the property unpaid at

death.

c. Any proceeds unpaid at death on fire or casualty insurance on or other recovery

for injury to the property.

d. Any property owned by the testator at death and acquired as a result of

foreclosure, or obtained in lieu of foreclosure, of the security interest for a

specifically devised obligation.

2. If specifically devised property is sold, mortgaged, or otherwise encumbered by a

conservator or by an agent acting within the authority of a durable power of attorney

for an incapacitated person, or a condemnation award, insurance proceeds, or

recovery for injury to the property is paid to a conservator or to an agent acting within

the authority of a durable power of attorney for an incapacitated person, the specific

devisee has the right to a general pecuniary devise equal to the net sale price, the

amount of the unpaid loan, the condemnation award, the insurance proceeds, or the

recovery. This subsection does not apply if after the sale, encumbrance,

condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity

ceased and the testator survived the adjudication by at least one year. The right of a

specific devisee under this subsection is reduced by any right the devisee has under

subsection 1.
N.D. Cent. Code § 30.1-32.1-07 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-07
30.1-32.1-07. Notice, delivery, acceptance, and consideration not required
Status: in_force

30.1-32.1-07. Notice, delivery, acceptance, and consideration not required

A transfer on death deed is effective without notice or delivery to or acceptance by the

designated beneficiary during the transferor's life or without consideration.
N.D. Cent. Code § 30.1-04-11 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-11
30.1-04-11. (2-110) Debts to decedent
Status: in_force

30.1-04-11. (2-110) Debts to decedent

A debt owed to a decedent is not charged against the intestate share of any individual

except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in

computing the intestate share of the debtor's descendants.
N.D. Cent. Code § 30.1-32.1-05 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-05
30.1-32.1-05. Capacity of transferor
Status: in_force

30.1-32.1-05. Capacity of transferor

The capacity required to make or revoke a transfer on death deed is the same as the

capacity required to make a will.
N.D. Cent. Code § 30.1-08-13 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-13
30.1-08-13. (2-513) Separate writing identifying devise of certain types of tangible personal property
Status: in_force

30.1-08-13. (2-513) Separate writing identifying devise of certain types of tangible

personal property.

Whether or not the provisions relating to holographic wills apply, a will may refer to a written

statement or list to dispose of items of tangible personal property not otherwise specifically

disposed of by the will, other than money. To be admissible under this section as evidence of the

intended disposition, the writing must be signed by the testator and must describe the items and

the devisees with reasonable certainty. The writing may be referred to as one to be in existence

at the time of the testator's death, it may be prepared before or after the execution of the will, it

may be altered by the testator after its preparation, and it may be a writing that has no

significance apart from its effect on the dispositions made by the will.
N.D. Cent. Code § 30.1-04-19 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-19
30.1-04-19. (2-120) Parent-child relationship - Child conceived by assisted reproduction other than a child born to a gestational carrier
Status: in_force

30.1-04-19. (2-120) Parent-child relationship - Child conceived by assisted

reproduction other than a child born to a gestational carrier.

1. In this section:

a. "Birth mother" means a woman, other than a gestational carrier under section

30.1-04-20, who gives birth to a child of assisted reproduction. The term is not

limited to a woman who is the child's genetic mother.

b. "Child of assisted reproduction" means a child conceived by means of assisted

reproduction by a woman other than a gestational carrier under section

30.1-04-20.

c. "Third-party donor" means an individual who produces eggs or sperm used for

assisted reproduction, whether or not for consideration. The term does not

include a husband who provides sperm, or a wife who provides eggs, that are

used for assisted reproduction by the wife; the birth mother of a child of assisted

reproduction; or an individual who is determined under subsection 5 or 6 to have

a parent-child relationship with a child of assisted reproduction.

2. A parent-child relationship does not exist between a child of assisted reproduction and

a third-party donor.

3. A parent-child relationship exists between a child of assisted reproduction and the

child's birth mother.

4. Except as otherwise provided in subsections 9 and 10, a parent-child relationship

exists between a child of assisted reproduction and the husband of the child's birth

mother if the husband provided the sperm that the birth mother used during his lifetime

for assisted reproduction, and the husband is the genetic father of the child.

5. A birth certificate identifying an individual other than the birth mother as the other

parent of a child of assisted reproduction presumptively establishes a parent-child

relationship between the child and that individual.

6. Except as otherwise provided in subsections 7, 9, and 10, and unless a parent-child

relationship is established under subsection 4 or 5, a parent-child relationship exists

between a child of assisted reproduction and an individual other than the birth mother

who consented to assisted reproduction by the birth mother with intent to be treated as

the other parent of the child. Consent to assisted reproduction by the birth mother with

intent to be treated as the other parent of the child is established if the individual:

a. Before or after the child's birth, signed a record that, considering all the facts and

circumstances, evidences the individual's consent; or

b. In the absence of a signed record under subdivision a, functioned as a parent of

the child no later than two years after the child's birth; intended to function as a

parent of the child no later than two years after the child's birth but was prevented

from carrying out that intent by death, incapacity, or other circumstances; or

intended to be treated as a parent of a posthumously conceived child if that intent

is established by clear and convincing evidence.

7. For purposes of subdivision a of subsection 6, neither an individual who signed a

record more than two years after the birth of the child, nor a relative of that individual

who is not also a relative of the birth mother, inherits from or through the child unless

the individual functioned as a parent of the child before the child reached the age of

majority.

8. For purposes of subdivision b of subsection 6, if the birth mother is married and no

divorce proceedings are pending or if the birth mother is a surviving spouse and at her

deceased spouse's death no divorce proceedings were then pending then, in the

absence of clear and convincing evidence to the contrary, her spouse or deceased

spouse is deemed to have satisfied subdivision b of subsection 6.

9. If a married couple are divorced before placement of eggs, sperm, or embryos, a child

resulting from the assisted reproduction is not a child of the birth mother's former

spouse, unless the former spouse consented in a record that if assisted reproduction

were to occur after divorce, the child would be treated as the former spouse's child.

10. If, in a record, an individual withdraws consent to assisted reproduction before

placement of eggs, sperm, or embryos, a child resulting from the assisted reproduction

is not a child of that individual, unless the individual subsequently satisfies the

requirements of subsection 6.

11. If, under this section, an individual is a parent of a child of assisted reproduction who is

conceived after the individual's death, the child is treated as in gestation at the

individual's death for purposes of subdivision b of subsection 1 of section 30.1-04-04 if

the child is in utero not later than thirty-six months after the individual's death; or born

not later than forty-five months after the individual's death.
N.D. Cent. Code § 30.1-22-02 — ND Code / Title 30.1 / Chapter 30.1-22 / Section 30.1-22-02
30.1-22-02. (3-1102) Procedure for securing court approval of compromise
Status: in_force

30.1-22-02. (3-1102) Procedure for securing court approval of compromise

The procedure for securing court approval of a compromise is as follows:

1. The terms of the compromise shall be set forth in an agreement in writing which shall

be executed by all competent persons and parents or guardians acting for any minor

children having beneficial interests or having claims which will or may be affected by

the compromise. Execution is not required by any person whose identity cannot be

ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.

2. Any interested person, including the personal representative, if any, or a trustee, then

may submit the agreement to the court for its approval and for execution by the

personal representative, the trustee of every affected testamentary trust, and other

fiduciaries and representatives.

3. After notice to all interested persons or their representatives, including the personal

representative of any estate and all affected trustees, the court, if it finds that the

contest or controversy is in good faith and that the effect of the agreement upon the

interests of persons represented by fiduciaries or other representatives is just and

reasonable, shall make an order approving the agreement and directing all fiduciaries

under its supervision to execute the agreement. Minor children represented only by

their parents or guardians may be bound only if their parents or guardians join with

other competent persons in execution of the compromise. Upon the making of the

order and the execution of the agreement, all further disposition of the estate is in

accordance with the terms of the agreement.
N.D. Cent. Code § 30.1-04-07 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-07
30.1-04-07. (2-107) Kindred of half blood
Status: in_force

30.1-04-07. (2-107) Kindred of half blood

Relatives of the half blood inherit the same share they would inherit if they were of the

whole blood.
N.D. Cent. Code § 30.1-27-01 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-01
30.1-27-01. (5-201) Status of guardian of minor - General
Status: in_force

30.1-27-01. (5-201) Status of guardian of minor - General

A person becomes a guardian of a minor under this chapter by acceptance of a

testamentary appointment and approval by the court. The guardianship status continues until

terminated, without regard to the location of the guardian and minor ward.
N.D. Cent. Code § 30.1-04-05 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-05
30.1-04-05. (2-105) No taker
Status: in_force

30.1-04-05. (2-105) No taker

If there is no taker under the provisions of this title, the intestate estate passes to the state

for the support of the common schools and an action for the recovery of such property and to

reduce it into the possession of the state or for its sale and conveyance may be brought by the

attorney general or by the state's attorney in the district court of the county in which the property

is situated.
N.D. Cent. Code § 30.1-28-07.1 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-07.1
30.1-28-07.1. Removal, resignation, or death of guardian - Appointment of successor guardian
Status: in_force

30.1-28-07.1. Removal, resignation, or death of guardian - Appointment of successor

guardian.

1. The court may remove a guardian on its own motion or on petition of the ward or any

interested person if removal is in the best interests of the ward. A request for this order

may be made by informal letter to the court or judge. The clerk of district court shall

send a copy of the informal request to the parties and those identified in section
N.D. Cent. Code § 30.1-07-03 — ND Code / Title 30.1 / Chapter 30.1-07 / Section 30.1-07-03
30.1-07-03. (2-405) Source, determination, and documentation
Status: in_force

30.1-07-03. (2-405) Source, determination, and documentation

1. If the estate is otherwise sufficient, property specifically devised may not be used to

satisfy rights to exempt property. Subject to this restriction, the surviving spouse,

guardians of minor children, or children who are adults may select property of the

estate as exempt property. The personal representative may make those selections if

the surviving spouse, the children, or the guardians of the minor children are unable or

fail to do so within a reasonable time, or there is no guardian of a minor child. The

personal representative may execute an instrument or deed of distribution to establish

the ownership of property taken as exempt property. The personal representative may

determine the family allowance in a lump sum not exceeding twenty-seven thousand

dollars or periodic installments not exceeding two thousand two hundred fifty dollars

per month for one year and may disburse funds of the estate in payment of the family

allowance. The personal representative or any interested person aggrieved by any

selection, determination, payment, proposed payment, or failure to act under this

section may petition the court for appropriate relief, which may include a family

allowance other than that which the personal representative determined or could have

determined.

2. If the right to an elective share is exercised on behalf of a surviving spouse who is an

incapacitated person, the personal representative may add any unexpended portions

payable under the homestead allowance, exempt property, and family allowance to the

trust established under subsection 2 of section 30.1-05-06.
N.D. Cent. Code § 30.1-37-07 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-07
30.1-37-07. Certification of paper copy
Status: in_force

30.1-37-07. Certification of paper copy

An individual may create a certified paper copy of an electronic will by affirming under

penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy

of the electronic will. If the electronic will is made self-proving, the certified paper copy of the will

must include the self-proving affidavits.
N.D. Cent. Code § 30.1-09-12 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-12
30.1-09-12. (2-609) Ademption by satisfaction
Status: in_force

30.1-09-12. (2-609) Ademption by satisfaction

1. Property a testator gave in the testator's lifetime to a person is treated as a satisfaction

of a devise in whole or in part, only if the will provides for deduction of the gift, the

testator declared in a contemporaneous writing that the gift is in satisfaction of the

devise or that its value is to be deducted from the value of the devise, or the devisee

acknowledged in writing that the gift is in satisfaction of the devise or that its value is to

be deducted from the value of the devise.

2. For the purposes of partial satisfaction, property given during lifetime is valued as of

the time the devisee came into possession or enjoyment of the property or at the

testator's death, whichever occurs first.

3. If the devisee fails to survive the testator, the gift is treated as a full or partial

satisfaction of the devise, as appropriate, in applying sections 30.1-09-05 and

30.1-09-06, unless the testator's contemporaneous writing provides otherwise.
N.D. Cent. Code § 30.1-09.1-08 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-08
30.1-09.1-08. (2-708) Class gifts to descendants, issue, or heirs of the body - Form of distribution if none specified
Status: in_force

30.1-09.1-08. (2-708) Class gifts to descendants, issue, or heirs of the body - Form of

distribution if none specified.

If a class gift in favor of "descendants", "issue", or "heirs of the body" does not specify the

manner in which the property is to be distributed among the class members, the property is

distributed among the class members who are living when the interest is to take effect in

possession or enjoyment, in such shares as they would receive, under the applicable law of

intestate succession, if the designated ancestor had then died intestate owning the subject

matter of the class gift.
N.D. Cent. Code § 30.1-02-06.1 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-06.1
30.1-02-06.1. (1-308) Appeals
Status: in_force

30.1-02-06.1. (1-308) Appeals

Appellate review, including the right to appellate review, interlocutory appeal, provisions as

to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs,

arguments, and power of the appellate court, is governed by the rules applicable to the appeals

to the supreme court in equity cases from the district court, except that in proceedings in which

jury trial has been had as a matter of right, the rules applicable to the scope of review in jury

cases apply.
N.D. Cent. Code § 30.1-17-13 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-13
30.1-17-13. (3-613) Successor personal representative
Status: in_force

30.1-17-13. (3-613) Successor personal representative

Chapters 30.1-14 and 30.1-15 govern proceedings for appointment of a personal

representative to succeed one whose appointment has been terminated. After appointment and

qualification, a successor personal representative may be substituted in all actions and

proceedings to which the former personal representative was a party, and no notice, process, or

claim which was given or served upon the former personal representative need be given to or

served upon the successor in order to preserve any position or right the person giving the notice

or filing the claim may thereby have obtained or preserved with reference to the former personal

representative. Except as otherwise ordered by the court, the successor personal representative

has the powers and duties in respect to the continued administration which the former personal

representative would have had if the appointment had not been terminated.
N.D. Cent. Code § 30.1-32.1-14 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-14
30.1-32.1-14. Application
Status: in_force

30.1-32.1-14. Application

This Act applies to a transfer on death deed made before, on, or after August 1, 2011, by a

transferor dying on or after August 1, 2011. This chapter does not affect any method of

transferring property otherwise permitted under the law of this state.
N.D. Cent. Code § 30.1-09-04 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-04
30.1-09-04. (2-602) Will passes all property - After-acquired property
Status: in_force

30.1-09-04. (2-602) Will passes all property - After-acquired property

A will may provide for the passage of all property the testator owns at death and all property

acquired by the estate after the testator's death.
N.D. Cent. Code § 30.1-17-14 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-14
30.1-17-14. (3-614) Special administrator - Appointment
Status: in_force

30.1-17-14. (3-614) Special administrator - Appointment

A special administrator may be appointed:

1. Informally by the court on the application of any interested person when necessary to

protect the estate of a decedent prior to the appointment of a general personal

representative or if a prior appointment has been terminated as provided in section

30.1-17-09.

2. In a formal proceeding by order of the court on the petition of any interested person

and finding, after notice and hearing, that appointment is necessary to preserve the

estate or to secure its proper administration, including its administration in

circumstances in which a general personal representative cannot or should not act. If it

appears to the court that an emergency exists, appointment may be ordered without

notice.
N.D. Cent. Code § 30.1-31-09 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-09
30.1-31-09. (6-212) Rights at death
Status: in_force

30.1-31-09. (6-212) Rights at death

1. Except as otherwise provided in this chapter, on death of a party sums on deposit in a

multiple-party account belong to the surviving party or parties. If two or more parties

survive and one is the surviving spouse of the decedent, the amount to which the

decedent, immediately before death, was beneficially entitled under section 30.1-31-08

belongs to the surviving spouse. If two or more parties survive and none is the

surviving spouse of the decedent, the amount to which the decedent, immediately

before death, was beneficially entitled under section 30.1-31-08 belongs to the

surviving parties in equal shares, and augments the proportion to which each survivor,

immediately before the decedent's death, was beneficially entitled under section

30.1-31-08, and the right of survivorship continues between the surviving parties.

2. In an account with a P.O.D. designation:

a. On death of one of two or more parties, the rights in sums on deposit are

governed by subsection 1.

b. On death of the sole party or the last survivor of two or more parties, sums on

deposit belong to the surviving beneficiary or beneficiaries. If two or more

beneficiaries survive, sums on deposit belong to them in equal and undivided

shares, and there is no right of survivorship in the event of death of a beneficiary

thereafter. If no beneficiary survives, sums on deposit belong to the estate of the

last surviving party.

3. Sums on deposit in a single-party account without a P.O.D. designation, or in a

multiple-party account that, by the terms of the account, is without right of survivorship,

are not affected by death of a party, but the amount to which the decedent,

immediately before death, was beneficially entitled under section 30.1-31-08 is

transferred as part of the decedent's estate. A P.O.D. designation in a multiple-party

account without right of survivorship is ineffective. For purposes of this section,

designation of an account as a tenancy in common establishes that the account is

without right of survivorship.

4. The ownership right of a surviving party or beneficiary, or of the decedent's estate, in

sums on deposit is subject to requests for payment made by a party before the party's

death, whether paid by the financial institution before or after death, or unpaid. The

surviving party or beneficiary, or the decedent's estate, is liable to the payee of an

unpaid request for payment. The liability is limited to a proportionate share of the

amount transferred under this section, to the extent necessary to discharge the

request for payment.
N.D. Cent. Code § 30.1-10.1-12 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-12
30.1-10.1-12. (2-1116, 2-1117) Applicability
Status: in_force

30.1-10.1-12. (2-1116, 2-1117) Applicability

1. This chapter does not limit the right of a person to waive, release, disclaim, or

renounce property or an interest in or power over property under any law other than

this chapter.

2. This chapter applies to any interest in or power over property, whenever created.

3. Except as otherwise provided in section 30.1-10.1-10, an interest in or power over

property existing on August 1, 2001, as to which the time for delivering or filing a

disclaimer under law superseded by this chapter has not expired may be disclaimed

after August 1, 2001.

4. This chapter modifies, limits, and supersedes the federal Electronic Signatures in

Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit,

or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic

delivery of any of the notices described in section 103(b) of that Act

[15 U.S.C. 7003(b)].
N.D. Cent. Code § 30.1-36-04 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-04
30.1-36-04. Formalities - Effects
Status: in_force

30.1-36-04. Formalities - Effects

1. It is presumed the named individual has capacity to enter a supported decisionmaking

agreement. This presumption may be rebutted only by clear and convincing evidence.

2. A named individual's use of uncommon methods of communication does not affect the

named individual's capacity to enter a supported decisionmaking agreement.

3. A named individual may have more than one supported decisionmaking agreement in

effect at the same time. If any two of a named individual's supported decisionmaking

agreements are incompatible, the more recent agreement prevails.

4. Two supported decisionmaking agreements are not incompatible solely due to

enabling the named individual to get decisionmaking assistance from more than one

supporter at the same time for the same decision.

5. A supported decisionmaking agreement does not prevent the named individual from:

a. Getting decisionmaking assistance from someone who is not a supporter in a

supported decisionmaking agreement;

b. Making decisions independently without consulting a supporter; or

c. Getting access to and copies of documents and records about the named

individual.

6. The existence or contents of a supported decisionmaking agreement may not be used

as evidence of incapacity or incompetence.

7. A supported decisionmaking agreement does not give a supporter the ability to act as

a surrogate decisionmaker. A supported decisionmaking agreement does not give a

supporter the authority to sign documents on behalf of the named individual.
N.D. Cent. Code § 30.1-29-21 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-21
30.1-29-21. (5-421) Recording of conservator's letters
Status: in_force

30.1-29-21. (5-421) Recording of conservator's letters

Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified

in the letters, of a protected person to the conservator. An order terminating a conservatorship is

evidence of transfer of all assets of the estate subjected to the conservatorship from the

conservator to the protected person or the protected person's successors. Subject to the

requirements of general statutes governing the filing or recordation of documents of title to land

or other property, letters of conservatorship, and orders terminating conservatorships, may be

filed or recorded to give record notice of title as between the conservator and the protected

person.
N.D. Cent. Code § 30.1-36-05 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-05
30.1-36-05. Termination
Status: in_force

30.1-36-05. Termination

1. A supported decisionmaking agreement may be terminated by the named individual by

giving notice to the supporter orally, in writing, through an assistive technology device,

or by any other act showing a specific intent to terminate the agreement.

2. A supported decisionmaking agreement may be terminated by a supporter by

providing written notice of the supporter's resignation to the named individual. If a

supported decisionmaking agreement includes more than one supporter, any

supporter can terminate the agreement only as to that supporter.

3. A supported decisionmaking agreement is terminated as to a specific supporter when:

a. A court has convicted the supporter of a crime involving abuse, neglect, or

exploitation;

b. A restraining order has been issued by a court to protect the named individual

from the supporter; or

c. A court has determined the supporter lacks capacity to make or communicate

responsible decisions concerning residential or educational matters, medical

treatment, legal affairs, or vocational, financial, or other matters affecting the

health or safety of the named individual.

4. A supported decisionmaking agreement may be terminated by any additional method

specified in the supported decisionmaking agreement.
N.D. Cent. Code § 30.1-20-14 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-14
30.1-20-14. (3-914) Disposition of unclaimed assets
Status: in_force

30.1-20-14. (3-914) Disposition of unclaimed assets

If an heir, devisee, or claimant cannot be found, the personal representative shall distribute

the missing person's share to the missing person's conservator, if any, otherwise to the

unclaimed property administrator under chapter 47-30.2.
N.D. Cent. Code § 30.1-28-10 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-10
30.1-28-10. (5-310) Temporary guardians
Status: repealed

30.1-28-10. (5-310) Temporary guardians

Repealed by S.L. 2013, ch. 250, § 3.
N.D. Cent. Code § 30.1-04-16 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-16
30.1-04-16. (2-117) Parent-child relationship - No distinction based on marital status
Status: in_force

30.1-04-16. (2-117) Parent-child relationship - No distinction based on marital status

Except as otherwise provided in section 30.1-04-09, 30.1-04-18, 30.1-04-19, or 30.1-04-20,

a parent-child relationship exists between a child and the child's genetic parents, regardless of

their marital status.
N.D. Cent. Code § 30.1-04-20 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-20
30.1-04-20. (2-121) Parent-child relationship - Child born to a gestational carrier
Status: in_force

30.1-04-20. (2-121) Parent-child relationship - Child born to a gestational carrier

1. In this section:

a. "Gestational agreement" means an enforceable or unenforceable agreement for

assisted reproduction in which a woman agrees to carry a child to birth for an

intended parent, intended parents, or an individual described in subsection 5.

b. "Gestational carrier" means a woman who is not an intended parent and who

gives birth to a child under a gestational agreement. The term is not limited to a

woman who is the child's genetic mother.

c. "Gestational child" means a child born to a gestational carrier under a gestational

agreement.

d. "Intended parent" means an individual who entered into a gestational agreement

providing that the individual will be the parent of a child born to a gestational

carrier by means of assisted reproduction. The term is not limited to an individual

who has a genetic relationship with the child.

2. A parent-child relationship is conclusively established by a court order designating the

parent or parents of a gestational child.

3. A parent-child relationship between a gestational child and the child's gestational

carrier does not exist unless the gestational carrier is:

a. Designated as a parent of the child in a court order described in subsection 2; or

b. The child's genetic mother and a parent-child relationship does not exist with an

individual other than the gestational carrier under this section.

4. In the absence of a court order under subsection 2, a parent-child relationship exists

between a gestational child and an intended parent who:

a. Functioned as a parent of the child no later than two years after the child's birth;

or

b. Died while the gestational carrier was pregnant if:

(1) There were two intended parents and the other intended parent survived the

birth of the child and functioned as a parent of the child no later than two

years after the child's birth;

(2) There were two intended parents, the other intended parent also died while

the gestational carrier was pregnant, and a relative of either deceased

intended parent or the spouse or surviving spouse of a relative of either

deceased intended parent functioned as a parent of the child no later than

two years after the child's birth; or

(3) There was no other intended parent and a relative of or the spouse or

surviving spouse of a relative of the deceased intended parent functioned as

a parent of the child no later than two years after the child's birth.

5. In the absence of a court order under subsection 2, a parent-child relationship exists

between a gestational child and an individual whose sperm or eggs were used after

the individual's death or incapacity to conceive a child under a gestational agreement

entered into after the individual's death or incapacity if the individual intended to be

treated as the parent of the child. The individual's intent can be shown by:

a. A record, signed by the individual that, considering all the facts and

circumstances, evidences the individual's intent; or

b. Other facts and circumstances establishing the individual's intent by clear and

convincing evidence.

6. Except as otherwise provided in subsection 7, and unless there is clear and convincing

evidence of a contrary intent, an individual is deemed to have intended to be treated

as the parent of a gestational child for purposes of subdivision b of subsection 5 if:

a. The individual, before death or incapacity, deposited the sperm or eggs that were

used to conceive the child;

b. When the individual deposited the sperm or eggs, the individual was married and

no divorce proceedings were pending; and

c. The individual's spouse or surviving spouse functioned as a parent of the child

not later than two years after the child's birth.

7. The presumption under subsection 6 does not apply if there is a court order under

subsection 2 or a signed record that satisfies subdivision a of subsection 5.

8. If, under this section, an individual is a parent of a gestational child who is conceived

after the individual's death, the child is treated as in gestation at the individual's death

for purposes of subdivision b of subsection 1 of section 30.1-04-04 if the child is in

utero not later than thirty-six months after the individual's death or born not later than

forty-five months after the individual's death.

9. This section does not affect other law of this state regarding the enforceability or

validity of a gestational agreement.
N.D. Cent. Code § 30.1-10.1-02 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-02
30.1-10.1-02. (2-1105) General provisions
Status: in_force

30.1-10.1-02. (2-1105) General provisions

1. A person may disclaim, in whole or in part, any interest in or power over property,

including a power of appointment. A person may disclaim the interest or power even if

its creator imposed a spendthrift provision or similar restriction on transfer or a

restriction or limitation on the right to disclaim.

2. Except to the extent the fiduciary's power to disclaim is expressly limited by another

statute of this state or by the instrument creating the fiduciary relationship, a fiduciary

may disclaim, in whole or in part, any interest in or power over property, including a

power of appointment, whether acting in a personal or representative capacity. A

fiduciary may disclaim the interest or power even if its creator imposed a spendthrift

provision or similar restriction on transfer or a restriction or limitation on the right to

disclaim, or an instrument other than the instrument that created the fiduciary

relationship imposed a restriction or limitation on the right to disclaim.

3. A partial disclaimer may be expressed as a fraction, percentage, monetary amount,

term of years, limitation of a power, or as any other interest or estate in the property.

4. A disclaimer must be in a writing or other record, declare the disclaimer, describe the

interest or power disclaimed, be signed by the person making the disclaimer, and be

delivered or filed in the manner provided in section 30.1-10.1-09.

5. A disclaimer becomes irrevocable upon the later to occur of its delivery or filing as

provided in section 30.1-10.1-09, or when it becomes effective as provided in sections

30.1-10.1-03 through 30.1-10.1-08.

6. A disclaimer made under this chapter is not a transfer, assignment, or release.
N.D. Cent. Code § 30.1-29-13 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-13
30.1-29-13. (5-413) Acceptance of appointment - Consent to jurisdiction
Status: in_force

30.1-29-13. (5-413) Acceptance of appointment - Consent to jurisdiction

By accepting appointment, a conservator submits personally to the jurisdiction of the court

in any proceeding, relating to the estate, that may be instituted by any interested person.
N.D. Cent. Code § 30.1-20-04 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-04
30.1-20-04. (3-904) Interest on general pecuniary devise
Status: in_force

30.1-20-04. (3-904) Interest on general pecuniary devise

General pecuniary devises bear interest at the legal rate beginning one year after the first

appointment of a personal representative until payment, unless a contrary intent is indicated by

the will.
N.D. Cent. Code § 30.1-18-15 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-15
30.1-18-15. (3-715) Transactions authorized for personal representatives - Exceptions
Status: in_force

30.1-18-15. (3-715) Transactions authorized for personal representatives - Exceptions

Except as restricted or otherwise provided by the will or by an order in a formal proceeding

and subject to the priorities stated in section 30.1-20-02, a personal representative, acting

reasonably for the benefit of the interested persons, may properly:

1. Retain assets owned by the decedent pending distribution or liquidation, including

those in which the representative is personally interested or which are otherwise

improper for trust investment.

2. Receive assets from fiduciaries or other sources.

3. Perform, compromise, or refuse performance of the decedent's contracts that continue

as obligations of the estate, as the personal representative may determine under the

circumstances. In performing enforceable contracts by the decedent to convey or

lease land, the personal representative, among other possible courses of action, may:

a. Execute and deliver a deed of conveyance for cash payment of all sums

remaining due or the purchaser's note for the sum remaining due secured by a

mortgage or deed of trust on the land; or

b. Deliver a deed in escrow with directions that the proceeds, when paid in

accordance with the escrow agreement, be paid to the successors of the

decedent, as designated in the escrow agreement.

4. Satisfy written charitable pledges of the decedent irrespective of whether the pledges

constituted binding obligations of the decedent or were properly presented as claims, if

in the judgment of the personal representative the decedent would have wanted the

pledges completed under the circumstances.

5. If funds are not needed to meet debts and expenses currently payable and are not

immediately distributable, deposit or invest liquid assets of the estate, including

moneys received from the sale of other assets, in federally insured interest-bearing

accounts, readily marketable secured loan arrangements, or other prudent

investments which would be reasonable for use by trustees generally.

6. Acquire or dispose of an asset, including land in this or another state, for cash or on

credit, at public or private sale and manage, develop, improve, exchange, partition,

change the character of, or abandon an estate asset.

7. Make ordinary or extraordinary repairs or alterations in buildings or other structures,

demolish any improvements, raze existing or erect new party walls or buildings.

8. Subdivide, develop, or dedicate land to public use, make or obtain the vacation of plats

and adjust boundaries, adjust differences in valuation on exchange or partition by

giving or receiving considerations, or dedicate easements to public use without

consideration.

9. Enter for any purpose into a lease as lessor or lessee, with or without option to

purchase or renew, for a term within or extending beyond the period of administration.

10. Enter into a lease or arrangement for exploration and removal of minerals or other

natural resources or enter into a pooling or unitization agreement.

11. Abandon property when, in the opinion of the personal representative, it is valueless,

or is so encumbered, or is in condition that it is of no benefit to the estate.

12. Vote stocks or other securities in person or by general or limited proxy.

13. Pay calls, assessments, and other sums chargeable or accruing against or on account

of securities, unless barred by the provisions relating to claims.

14. Hold a security in the name of a nominee or in other form without disclosure of the

interest of the estate but the personal representative is liable for any act of the

nominee in connection with the security so held.

15. Insure the assets of the estate against damage, loss, and liability and the personal

representative against liability as to third persons.

16. Borrow money with or without security to be repaid from the estate assets or otherwise

and advance money for the protection of the estate.

17. Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew,

or in any manner modify the terms of any obligation owing to the estate. If the personal

representative holds a mortgage, pledge, or other lien upon property of another

person, the personal representative may, in lieu of foreclosure, accept a conveyance

or transfer of encumbered assets from the owner thereof in satisfaction of the

indebtedness secured by lien.

18. Pay taxes, assessments, compensation of the personal representative, and other

expenses incident to the administration of the estate.

19. Sell or exercise stock subscription or conversion rights and consent, directly or through

a committee or other agent, to the reorganization, consolidation, merger, dissolution,

or liquidation of a corporation, limited liability company, or other business enterprise.

20. Allocate items of income or expense to either estate income or principal, as permitted

or provided by law.

21. Employ persons, including attorneys, auditors, investment advisers, or agents, even if

they are associated with the personal representative, to advise or assist the personal

representative in the performance of the personal representative's administrative

duties, and act, without independent investigation, upon their recommendations.

Instead of acting personally, the personal representative may employ one or more

agents to perform any act of administration, whether or not discretionary.

22. Prosecute or defend claims or proceedings in any jurisdiction for the protection of the

estate and of the personal representative in the performance of the personal

representative's duties.

23. Sell, mortgage, or lease any real or personal property of the estate or any interest

therein for cash, credit, or for part cash and part credit, and with or without security for

unpaid balances.

24. Continue any unincorporated business or venture in which the decedent was engaged

at the time of death:

a. In the same business form for a period of not more than four months from the

date of appointment of a general personal representative if continuation is a

reasonable means of preserving the value of the business, including good will;

b. In the same business form for any additional period of time that may be approved

by order of the court in a formal proceeding to which the persons interested in the

estate are parties; or

c. Throughout the period of administration if the business is incorporated by the

personal representative and if none of the probable distributees of the business

who are competent adults object to its incorporation and retention in the estate.

25. Incorporate any business or venture in which the decedent was engaged at the time of

death.

26. Provide for exoneration of the personal representative from personal liability in any

contract entered into on behalf of the estate.

27. Satisfy and settle claims and distribute the estate as provided in this title.
N.D. Cent. Code § 30.1-32.1-10 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-10
30.1-32.1-10. Effect of transfer on death deed at transferor's death
Status: in_force

30.1-32.1-10. Effect of transfer on death deed at transferor's death

1. Except as otherwise provided in the transfer on death deed, in this section, or in state

law on antilapse, revocation by divorce or homicide, survival and simultaneous death,

and elective share, if applicable to nonprobate transfers, on the death of the transferor,

the following rules apply to property that is the subject of a transfer on death deed and

owned by the transferor at death:

a. Subject to subdivision b, the interest in the property is transferred to the

designated beneficiary in accordance with the deed.

b. The interest of a designated beneficiary is contingent on the designated

beneficiary surviving the transferor. The interest of a designated beneficiary that

fails to survive the transferor lapses.

c. Subject to subdivision d, concurrent interests are transferred to the beneficiaries

in equal and undivided shares with no right of survivorship.

d. If the transferor has identified two or more designated beneficiaries to receive

concurrent interests in the property, the share of one which lapses or fails for any

reason is transferred to the other, or to the others in proportion to the interest of

each in the remaining part of the property held concurrently.

2. Subject to chapter 47-19, a beneficiary takes the property subject to all conveyances,

encumbrances, assignments, contracts, mortgages, liens, and other interests to which

the property is subject at the transferor's death. For purposes of this subsection and

chapter 47-19, the recording of the transfer on death deed is deemed to have occurred

at the transferor's death.

3. If a transferor is a joint owner and is:

a. Survived by one or more other joint owners, the property that is the subject of a

transfer on death deed belongs to the surviving joint owner or owners with right of

survivorship; or

b. The last surviving joint owner, the transfer on death deed is effective.

4. A transfer on death deed transfers property without covenant or warranty of title even if

the deed contains a contrary provision.
N.D. Cent. Code § 30.1-04-18 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-18
30.1-04-18. (2-119) Parent-child relationship - Adoptee and adoptee's genetic parents
Status: in_force

30.1-04-18. (2-119) Parent-child relationship - Adoptee and adoptee's genetic parents

1. Except as otherwise provided in subsections 2 through 4, a parent-child relationship

does not exist between an adoptee and the adoptee's genetic parents.

2. A parent-child relationship exists between an individual who is adopted by the spouse

of either genetic parent and:

a. The genetic parent whose spouse adopted the individual; and

b. The other genetic parent, but only for purposes of the right of the adoptee or a

descendant of the adoptee to inherit from or through the other genetic parent.

3. A parent-child relationship exists between both genetic parents and an individual who

is adopted by a relative of a genetic parent, or by the spouse or surviving spouse of a

relative of a genetic parent, but only for purposes of the right of the adoptee or a

descendant of the adoptee to inherit from or through either genetic parent.

4. A parent-child relationship exists between both genetic parents and an individual who

is adopted after the death of both genetic parents, but only for purposes of the right of

the adoptee or a descendant of the adoptee to inherit through either genetic parent.

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

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

gestational child and a parent or parents under section 30.1-04-20, the child is

adopted by another or others, the child's parent or parents under section 30.1-04-19 or

30.1-04-20 are deemed the child's genetic parent or parents for purposes of this

section.
N.D. Cent. Code § 30.1-31-27 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-27
30.1-31-27. (6-307) Ownership on death of owner
Status: in_force

30.1-31-27. (6-307) Ownership on death of owner

On death of a sole owner or the last to die of all multiple owners, ownership of securities

registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners.

On proof of death of all owners and compliance with any applicable requirements of the

registering entity, a security registered in beneficiary form may be reregistered in the name of

the beneficiary or beneficiaries who survived the death of all owners. Until division of the

security after the death of all owners, multiple beneficiaries surviving the death of all owners

hold their interests as tenants in common. If no beneficiary survives the death of all owners, the

security belongs to the estate of the deceased sole owner or the estate of the last to die of all

multiple owners.
N.D. Cent. Code § 30.1-36-02 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-02
30.1-36-02. Confidential information
Status: in_force

30.1-36-02. Confidential information

1. The named individual may sign separate authorizations when appropriate to allow

others to disclose confidential documents, records, and information to a supporter

identified in the authorization. An authorization may allow an individual to provide

copies of the documents, records, and information to the supporter.

2. A supporter may obtain information about the named individual only by having written

authorization that complies with the applicable federal or state law.
N.D. Cent. Code § 30.1-28-12.1 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-12.1
30.1-28-12.1. Annual reports and accounts - Failure of guardian to file
Status: in_force

30.1-28-12.1. Annual reports and accounts - Failure of guardian to file

If a guardian fails to file an annual report as required by section 30.1-28-12, fails to file a

report at other times as the court may direct, or fails to provide an accounting of an estate, the

court, upon its own motion or upon petition of any interested person, may issue an order

compelling the guardian to show cause why the guardian should not immediately make and file

the report or account, or be found in contempt for failure to comply.
N.D. Cent. Code § 30.1-10.1-09 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-09
30.1-10.1-09. (2-1112) Delivery
Status: in_force

30.1-10.1-09. (2-1112) Delivery

1. In subsections 2 through 11, delivery of a disclaimer may be effected by personal

delivery, first-class mail, or any other method likely to result in its receipt.

2. In the case of an interest created under the law of intestate succession or an interest

created by will, other than an interest in a testamentary trust, a disclaimer must be

delivered to the personal representative of the decedent's estate, or if a personal

representative is not then serving, it must be filed with the court having jurisdiction to

appoint the personal representative.

3. In the case of an interest in a testamentary trust, a disclaimer must be delivered to the

trustee then serving, or if a trustee is not then serving, to the personal representative

of the decedent's estate, or if a personal representative is not then serving, it must be

filed with a court having jurisdiction to enforce the trust.

4. In the case of an interest in an inter vivos trust, a disclaimer must be delivered to the

trustee then serving, or if a trustee is not then serving, it must be filed with a court

having jurisdiction to enforce the trust, or if the disclaimer is made before the time the

instrument creating the trust becomes irrevocable, it must be delivered to the settlor of

a revocable trust or the transferor of the interest.

5. In the case of an interest created by a beneficiary designation which is disclaimed

before the designation becomes irrevocable, the disclaimer must be delivered to the

person making the beneficiary designation.

6. In the case of an interest created by a beneficiary designation which is disclaimed after

the designation becomes irrevocable, a disclaimer of an interest in personal property

must be delivered to the person obligated to distribute the interest and the disclaimer

of an interest in real property must be recorded in the office of the county recorder of

the county where the real property that is the subject of the disclaimer is located.

7. In the case of a disclaimer by a surviving holder of jointly held property, the disclaimer

must be delivered to the person to whom the disclaimed interest passes.

8. In the case of a disclaimer by an object or taker in default of exercise of a power of

appointment, the disclaimer must be delivered to the holder of the power or to the

fiduciary acting under the instrument that created the power, or if a fiduciary is not then

serving, it must be filed with the court having authority to appoint the fiduciary.

9. In the case of a disclaimer by an appointee of a nonfiduciary power of appointment, to

the holder, personal representative of the holder's estate, or to the fiduciary under the

instrument that created the power, or if a fiduciary is not then serving, it must be filed

with the court having authority to appoint the fiduciary.

10. In the case of a disclaimer by a fiduciary of a power over a trust or estate, the

disclaimer must be delivered as provided in subsection 2, 3, or 4, as if the power

disclaimed were an interest in property.

11. In the case of a disclaimer of a power by an agent, the disclaimer must be delivered to

the principal or the principal's representative.
N.D. Cent. Code § 30.1-17-06 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-06
30.1-17-06. (3-606) Terms and conditions of bonds
Status: in_force

30.1-17-06. (3-606) Terms and conditions of bonds

1. The following requirements and provisions apply to any bond required by this chapter:

a. Bonds shall name the state of North Dakota as obligee for the benefit of the

persons interested in the estate and shall be conditioned upon the faithful

discharge by the fiduciary of all duties according to law.

b. Unless otherwise provided by the terms of the approved bond, sureties are jointly

and severally liable with the personal representative and with each other. The

address of sureties shall be stated in the bond.

c. By executing an approved bond of a personal representative, the surety consents

to the jurisdiction of the probate court which issued letters to the primary obligor

in any proceedings pertaining to the fiduciary duties of the personal

representative and naming the surety as a party. 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.

d. On petition of a successor personal representative, any other personal

representative of the same decedent, or any interested person, a proceeding in

the court may be initiated against a surety for breach of the obligation of the bond

of the personal representative.

e. The bond of the personal representative is not void after the first recovery but

may be proceeded against from time to time until the whole penalty is exhausted.

2. No action or 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 § 30.1-18-08 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-08
30.1-18-08. (3-708) Duty of personal representative - Supplementary inventory
Status: in_force

30.1-18-08. (3-708) Duty of personal representative - Supplementary inventory

If any property not included in the original inventory comes to the knowledge of a personal

representative or if the personal representative learns that the value or description indicated in

the original inventory for any item is erroneous or misleading, the personal representative shall

make a supplementary inventory or appraisement showing the market value as of the date of

the decedent's death of the new item or the revised market value or descriptions, and the

appraisers or other data relied upon, if any, and file it with the court if the original inventory was

filed, or furnish copies thereof or information thereof to persons interested in the new

information.
N.D. Cent. Code § 30.1-18-09 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-09
30.1-18-09. (3-709) Duty of personal representative - Possession of estate
Status: in_force

30.1-18-09. (3-709) Duty of personal representative - Possession of estate

Except as otherwise provided by a decedent's will, every personal representative has a right

to, and shall take possession or control of, the decedent's property, except that any real property

or tangible personal property may be left with or surrendered to the person presumptively

entitled thereto unless or until, in the judgment of the personal representative, possession of the

property by the personal representative will be necessary for purposes of administration. The

request by a personal representative for delivery of any property possessed by an heir or

devisee is conclusive evidence, in any action against the heir or devisee for possession thereof,

that the possession of the property by the personal representative is necessary for purposes of

administration. The personal representative shall pay taxes on, and take all steps reasonably

necessary for the management, protection, and preservation of, the estate in the personal

representative's possession. The personal representative may maintain an action to recover

possession of property or to determine the title thereto.
N.D. Cent. Code § 30.1-28-15 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-15
30.1-28-15. Appointment of successor guardian
Status: repealed

30.1-28-15. Appointment of successor guardian

Repealed by S.L. 2025, ch. 318, § 28.