N.D. Cent. Code § 30.1-23-01 — ND Code / Title 30.1 / Chapter 30.1-23 / Section 30.1-23-01
30.1-23-01. (3-1201) Collection of personal property by affidavit
Status: in_force

30.1-23-01. (3-1201) Collection of personal property by affidavit

1. Thirty days after the death of a decedent, any person indebted to the decedent or

having possession of tangible personal property or an instrument evidencing a debt,

obligation, stock, or chose in action belonging to the decedent shall make payment of

the indebtedness or deliver the tangible personal property or an instrument evidencing

a debt, obligation, stock, or chose in action to a person claiming to be the successor of

the decedent upon being presented an affidavit made by or on behalf of the successor

stating that:

a. The value of the entire estate subject to distribution or succession under chapters

30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does

not exceed one hundred thousand dollars.

b. Thirty days have elapsed since the death of the decedent.

c. An application or petition for the appointment of a personal representative is not

pending or has not been granted in any jurisdiction.

d. The claiming successor is entitled to payment or delivery of the property.

2. A transfer agent of any security shall change the registered ownership on the books of

a corporation or limited liability company from the decedent to the successor upon the

presentation of an affidavit as provided in subsection 1.
N.D. Cent. Code § 30.1-04-13 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-13
30.1-04-13. (2-112) Dower and curtesy abolished
Status: in_force

30.1-04-13. (2-112) Dower and curtesy abolished

The estates of dower and curtesy are abolished.
N.D. Cent. Code § 30.1-09.1-07 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-07
30.1-09.1-07. (2-707) Survivorship with respect to future interests under the terms of a trust - Substitute takers
Status: in_force

30.1-09.1-07. (2-707) Survivorship with respect to future interests under the terms of a

trust - Substitute takers.

1. In this section:

a. "Alternative future interest" means to an expressly created future interest that can

take effect in possession or enjoyment instead of another future interest on the

happening of one or more events, including survival of an event or failure to

survive an event, whether an event is expressed in condition-precedent,

condition-subsequent, or any other form. A residuary clause in a will does not

create an alternative future interest with respect to a future interest created in a

nonresiduary devise in the will, whether or not the will specifically provides that

lapsed or failed devises are to pass under the residuary clause.

b. "Beneficiary" means the beneficiary of a future interest and includes a class

member if the future interest is in the form of a class gift.

c. "Class member" includes an individual who fails to survive the distribution date

but who would have taken under a future interest in the form of a class gift had

the individual survived the distribution date.

d. "Descendants", in the phrase "surviving descendants" of a deceased beneficiary

or class member in subdivisions a and b of subsection 2, mean the descendants

of a deceased beneficiary or class member who would take under a class gift

created in the trust.

e. "Distribution date", with respect to a future interest, means the time when the

future 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.

f. "Future interest" includes an alternative future interest and a future interest in the

form of a class gift.

g. "Future interest under the terms of a trust" means a future interest that was

created by a transfer creating a trust or to an existing trust or by an exercise of a

power of appointment to an existing trust, directing the continuance of an existing

trust, designating a beneficiary of an existing trust, or creating a trust.

h. "Surviving" in the phrase "surviving beneficiary" or "surviving descendant" means

a beneficiary 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. A future interest under the terms of a trust is contingent on the beneficiary's surviving

the distribution date. If a beneficiary of a future interest under the terms of a trust fails

to survive the distribution date, the following apply:

a. Except as provided in subdivision d, if the future interest is not in the form of a

class gift and the deceased beneficiary leaves surviving descendants, a

substitute gift is created in the beneficiary's surviving descendants. They take by

representation the property to which the beneficiary would have been entitled had

the beneficiary survived the distribution date.

b. Except as provided in subdivision d, if the future interest is in the form of a class

gift, other than a future interest to "issue", "descendants", "heirs of the body",

"heirs", "next of kin", "relatives", or "family", or a class described by language of

similar import, a substitute gift is created in the surviving descendants of any

deceased beneficiary. The property to which the beneficiaries would have been

entitled had all of them survived the distribution date passes to the surviving

beneficiaries and the surviving descendants of the deceased beneficiaries. Each

surviving beneficiary takes the share to which the surviving beneficiary would

have been entitled had the deceased beneficiaries survived the distribution date.

Each deceased beneficiary's surviving descendants who are substituted for the

deceased beneficiary take by representation the share to which the deceased

beneficiary would have been entitled had the deceased beneficiary survived the

distribution date. For the purposes of this subdivision, "deceased beneficiary"

means a class member who failed to survive the distribution date and left one or

more surviving descendants.

c. For purposes of section 30.1-09.1-01, words of survivorship attached to a future

interest are not, in the absence of additional evidence, a sufficient indication of an

intent contrary to the application of this section. Words of survivorship include

words of survivorship that relate to the distribution date or to an earlier or an

unspecified time, whether those words of survivorship are expressed in

condition-precedent, condition-subsequent, or any other form.

d. If a governing instrument creates an alternative future interest with respect to a

future interest for which a substitute gift is created by subdivision a or b, the

substitute gift is superseded by the alternative future interest if:

(1) The alternative future interest is in the form of a class gift and one or more

members of the class is entitled to take in possession or enjoyment; or

(2) The alternative future interest is not in the form of a class gift and the

expressly designated beneficiary of the alternative future interest is entitled

to take in possession or enjoyment.

3. If, under subsection 2, substitute gifts are created and not superseded with respect to

more than one future interest and the future interests are alternative future interests,

one to the other, the determination of which of the substitute gifts takes effect is

resolved as follows:

a. Except as provided in subdivision b, the property passes under the primary

substitute gift.

b. If there is a younger-generation future interest, the property passes under the

younger-generation substitute gift and not under the primary substitute gift.

c. In this subsection:

(1) "Primary future interest" means the future interest that would have taken

effect had all the deceased beneficiaries of the alternative future interest

who left surviving descendants survived the distribution date.

(2) "Primary substitute gift" means the substitute gift created with respect to the

primary future interest.

(3) "Younger-generation future interest" means a future interest that is to a

descendant of a beneficiary of the primary future interest, is an alternative

future interest with respect to the primary future interest, is a future interest

for which a substitute gift is created, and would have taken effect had all the

deceased beneficiaries who left surviving descendants survived the

distribution date except the deceased beneficiary of beneficiaries of the

primary future interest.

(4) "Younger-generation substitute gift" means the substitute gift created with

respect to the younger-generation future interest.

4. Except as provided in subsection 5, if, after the application of subsections 2 and 3,

there is no surviving taker, the property passes in the following order:

a. If the trust was created in a nonresiduary devise in the transferor's will or in a

codicil to the transferor's will, the property passes under the residuary clause in

the transferor's will. For purposes of this section, the residuary clause is treated

as creating a future interest under the terms of a trust.

b. If no taker is produced by the application of subdivision a, the property passes to

the transferor's heirs under section 30.1-09.1-11.

5. If, after the application of subsections 2 and 3, there is no surviving taker and if the

future interest was created by the exercise of a power of appointment:

a. The property passes under the donor's gift-in-default clause, if any, which clause

is treated as creating a future interest under the terms of a trust; and

b. If no taker is produced by the application of subdivision a, the property passes as

provided in subsection 4. For purposes of subsection 4, "transferor" means the

donor if the power was a nongeneral power and means the donee if the power

was a general power.
N.D. Cent. Code § 30.1-31-18 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-18
30.1-31-18. (6-225) Payment to minor
Status: in_force

30.1-31-18. (6-225) Payment to minor

If a financial institution is required or permitted to make payment pursuant to sections

30.1-31-02 through 30.1-31-20 to a minor designated as a beneficiary, payment may be made

pursuant to chapter 47-24.1.
N.D. Cent. Code § 30.1-20-12 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-12
30.1-20-12. (3-912) Private agreements among successors to decedent binding on personal representative
Status: in_force

30.1-20-12. (3-912) Private agreements among successors to decedent binding on

personal representative.

Subject to the rights of creditors and taxing authorities, competent successors may agree

among themselves to alter the interests, shares, or amounts to which they are entitled under the

will of the decedent, or under the laws of intestacy, in any way that they provide in a written

contract executed by all who are affected by its provisions. The personal representative shall

abide by the terms of the agreement subject to the personal representative's obligation to

administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and

to carry out the responsibilities of the personal representative's office for the benefit of any

successors of the decedent who are not parties. Personal representatives of decedents' estates

are not required to see to the performance of trusts if the trustee thereof is another person who

is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the

purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of

trusts.
N.D. Cent. Code § 30.1-08.2-01 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-01
30.1-08.2-01. (2-1001) Definitions
Status: in_force

30.1-08.2-01. (2-1001) Definitions

In this chapter:

1. "Authorized person" and "person authorized to act in connection with international

wills" mean a person who by section 30.1-08.2-08, or by the laws of the United States,

including members of the diplomatic and consular service of the United States

designated by foreign service regulations, is empowered to supervise the execution of

international wills.

2. "International will" means a will executed in conformity with sections 30.1-08.2-02

through 30.1-08.2-05.
N.D. Cent. Code § 30.1-25-03 — ND Code / Title 30.1 / Chapter 30.1-25 / Section 30.1-25-03
30.1-25-03. (4-303) Service on foreign personal representative
Status: in_force

30.1-25-03. (4-303) Service on foreign personal representative

1. Service of process may be made upon the foreign personal representative by certified

mail, addressed to the foreign personal representative's last reasonably ascertainable

address, requesting a return receipt signed by the addressee only. Notice by ordinary

first-class mail is sufficient if certified mail service to the addressee is unavailable.

Service may be made upon a foreign personal representative in the manner in which

service could have been made under other laws of this state on either the foreign

personal representative or the decedent immediately prior to death.

2. If service is made upon a foreign personal representative as provided in subsection 1,

the foreign personal representative shall be allowed at least thirty days within which to

appear or respond.
N.D. Cent. Code § 30.1-08.2-03 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-03
30.1-08.2-03. (2-1003) International will - Requirements
Status: in_force

30.1-08.2-03. (2-1003) International will - Requirements

1. The will must be made in writing. It need not be written by the testator personally. It

may be written in any language, by hand or by any other means.

2. The testator shall declare in the presence of two witnesses and of a person authorized

to act in connection with international wills that the document is the testator's will and

that the testator knows the contents thereof. The testator need not inform the

witnesses, or the authorized person, of the contents of the will.

3. In the presence of the witnesses, and of the authorized person, the testator shall sign

the will or, if the testator has previously signed it, shall acknowledge that signature.

4. If the testator is unable to sign, the absence of the testator's signature does not affect

the validity of the international will if the testator indicates the reason for the testator's

inability to sign and the authorized person makes note thereof on the will. In that case,

it is permissible for any other person present, including the authorized person or one of

the witnesses, at the direction of the testator, to sign the testator's name if the

authorized person makes note of this on the will, but it is not required that any person

sign the testator's name for the testator.

5. The witnesses and the authorized person shall there and then attest the will by signing

in the presence of the testator.
N.D. Cent. Code § 30.1-27-03 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-03
30.1-27-03. (5-203) Objection by minor of fourteen or older to testamentary appointment
Status: repealed

30.1-27-03. (5-203) Objection by minor of fourteen or older to testamentary

appointment.

Repealed by S.L. 2019, ch. 274, § 9.
N.D. Cent. Code § 30.1-17-04 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-04
30.1-17-04. (3-604) Bond amount - Security - Procedure - Reduction
Status: in_force

30.1-17-04. After receiving notice and until the filing of the bond or cessation of the requirement

of bond, the personal representative shall refrain from exercising any powers of office except as

necessary to preserve the estate. Failure of the personal representative to meet a requirement

of bond by giving suitable bond within thirty days after receipt of notice is cause for removal and

appointment of a successor personal representative.
N.D. Cent. Code § 30.1-23-03 — ND Code / Title 30.1 / Chapter 30.1-23 / Section 30.1-23-03
30.1-23-03. (3-1203) Small estates - Summary administrative procedure
Status: in_force

30.1-23-03. (3-1203) Small estates - Summary administrative procedure

If it appears from the inventory and appraisal that the value of the entire estate, less liens

and encumbrances, does not exceed the homestead as defined in section 47-18-01, plus

exempt property pursuant to section 30.1-07-01, family allowance, costs and expenses of

administration, reasonable funeral expenses, and reasonable and necessary medical and

hospital expenses of the last illness of the decedent, the personal representative, without giving

notice to creditors, may immediately disburse and distribute the estate to the persons entitled

thereto and file a closing statement as provided in section 30.1-23-04.
N.D. Cent. Code § 30.1-19-06 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-06
30.1-19-06. (3-806) Allowance of claims
Status: in_force

30.1-19-06. (3-806) Allowance of claims

1. As to claims presented in the manner described in section 30.1-19-04 within the time

limit prescribed in section 30.1-19-03, the personal representative may mail a notice to

any claimant stating that the claim has been disallowed. If, after allowing or disallowing

a claim, the personal representative changes the personal representative's decision

concerning the claim, the personal representative shall notify the claimant. The

personal representative may not change a disallowance of a claim after the time for

the claimant to file a petition for allowance or to commence a proceeding on the claim

has run and the claim has been barred. Every claim which is disallowed, in whole or in

part, by the personal representative is barred so far as not allowed unless the claimant

files a petition for allowance in the court or commences a proceeding against the

personal representative not later than sixty days after the mailing of the notice of

disallowance or partial allowance if the notice warns the claimant of the impending bar.

Failure of the personal representative to mail notice to a claimant of action on the

claimant's claim for sixty days after the time for original presentation of the claim has

expired has the effect of a notice of allowance.

2. After allowing a claim, the personal representative may before payment change the

allowance to a disallowance in whole or in part, but not after allowance by a court

order or judgment or an order directing payment of the claim. The personal

representative shall notify the claimant of the change to disallowance, and the

disallowed claim is then subject to bar as provided under subsection 1. After

disallowing a claim, the personal representative may change a disallowance to an

allowance in whole or in part until it is barred under subsection 1 and after it is barred,

it may be allowed and paid only if the estate is solvent and all successors whose

interests would be affected consent.

3. Upon the petition of the personal representative or of a claimant in a proceeding for

the purpose, the court may allow, in whole or in part, any claim or claims presented to

the personal representative or filed with the clerk of the court in due time and not

barred by subsection 1. Notice in this proceeding must be given to the claimant, the

personal representative, and those other persons interested in the estate as the court

may direct, by order entered at the time the proceeding is commenced.

4. A judgment in a proceeding in another court against a personal representative to

enforce a claim against a decedent's estate is an allowance of the claim.

5. Unless otherwise provided in any judgment in another court entered against the

personal representative, allowed claims bear interest at the legal rate for the period

commencing sixty days after the time for original presentation of the claim has expired

unless based on a contract making a provision for interest, in which case allowed

claims bear interest in accordance with that provision.
N.D. Cent. Code § 30.1-31-25 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-25
30.1-31-25. (6-305) Form of registration in beneficiary form
Status: in_force

30.1-31-25. (6-305) Form of registration in beneficiary form

Registration in beneficiary form may be shown by the words "transfer on death" or the

abbreviation "T.O.D.", or by the words "pay on death" or the abbreviation "P.O.D.", after the

name of the registered owner and before the name of a beneficiary.
N.D. Cent. Code § 30.1-12-01 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-01
30.1-12-01. (3-101) Devolution of estate at death - Restrictions
Status: in_force

30.1-12-01. (3-101) Devolution of estate at death - Restrictions

The power of a person to leave property by will, and the rights of creditors, devisees, and

heirs to the person's property, are subject to the restrictions and limitations contained in this title

to facilitate the prompt settlement of estates. Upon the death of a person, the decedent's real

and personal property devolves to the persons to whom it is devised by the decedent's last will

or to those indicated as substitutes for them in cases involving lapse, renunciation, or other

circumstances affecting the devolution of testate estate, or in the absence of testamentary

disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases

involving renunciation or other circumstances affecting devolution of intestate estates, subject to

homestead allowance, exempt property, and family allowance, to rights of creditors, elective

share of the surviving spouse, and to administration.
N.D. Cent. Code § 30.1-09.1-03 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-03
30.1-09.1-03. (2-703) Choice of law as to meaning and effect of governing instrument
Status: in_force

30.1-09.1-03. (2-703) Choice of law as to meaning and effect of governing instrument

The meaning and legal effect of a governing instrument is determined by the local law of the

state selected by the transferor in the governing instrument, unless the application of that law is

contrary to the provisions relating to the elective share described in chapter 30.1-05, the

provisions relating to exempt property and allowances described in chapter 30.1-07, or any

other public policy of this state otherwise applicable to the disposition.
N.D. Cent. Code § 30.1-15-10 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-10
30.1-15-10. (3-410) Formal testacy proceedings - Probate of more than one instrument
Status: in_force

30.1-15-10. (3-410) Formal testacy proceedings - Probate of more than one

instrument.

If two or more instruments are offered for probate before a final order is entered in a formal

testacy proceeding, more than one instrument may be probated if neither expressly revokes the

other or contains provisions which work a total revocation by implication. If more than one

instrument is probated, the order shall indicate what provisions control in respect to the

nomination of an executor, if any. The order may, but need not, indicate how any provisions of a

particular instrument are affected by the other instrument. After a final order in a testacy

proceeding has been entered, no petition for probate of any other instrument of the decedent

may be entertained, except incident to a petition to vacate or modify a previous probate order

and subject to the time limits of section 30.1-15-12.
N.D. Cent. Code § 30.1-09-06 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-06
30.1-09-06. (2-604) Failure of testamentary provision
Status: in_force

30.1-09-06. (2-604) Failure of testamentary provision

1. Except as provided in section 30.1-09-05, a devise, other than a residuary devise, that

fails for any reason becomes a part of the residue.

2. Except as provided in section 30.1-09-05, if the residue is devised to two or more

persons, the share of a residuary devisee that fails for any reason passes to the other

residuary devisee, or to other residuary devisees in proportion to the interests of each

in the remaining part of the residue.
N.D. Cent. Code § 30.1-20-01 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-01
30.1-20-01. (3-901) Successors' rights if no administration
Status: in_force

30.1-20-01. (3-901) Successors' rights if no administration

In the absence of administration, the heirs and devisees are entitled to the estate in

accordance with the terms of a probated will or the laws of intestate succession. Devisees may

establish title to devised property by the probated will. Persons entitled to property by

homestead allowance, exemption, or intestacy may establish title thereto by proof of the

decedent's ownership, the decedent's death, and their relationship to the decedent. Successors

take subject to all charges incident to administration, including the claims of creditors and

allowances of surviving spouse and dependent children, and subject to the rights of others

resulting from abatement, retainer, advancement, and ademption.
N.D. Cent. Code § 30.1-10.1-06 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-06
30.1-10.1-06. (2-1109) Disclaimer of powers of appointment and other powers not held in fiduciary capacity
Status: in_force

30.1-10.1-06. (2-1109) Disclaimer of powers of appointment and other powers not held

in fiduciary capacity.

1. If a holder disclaims a power of appointment or other power not held in a fiduciary

capacity and if the holder has not exercised the power, the disclaimer takes effect as of

the time the instrument creating the power becomes irrevocable.

2. If a holder disclaims a power of appointment or other power not held in a fiduciary

capacity and if the holder has exercised the power and the disclaimer is of a power

other than a presently exercisable general power of appointment, the disclaimer takes

effect immediately after the date of the last exercise of the power.

3. If a holder disclaims a power of appointment or other power not held in a fiduciary

capacity, the instrument creating the power is construed as if the power ceased to exist

when the disclaimer became effective.
N.D. Cent. Code § 30.1-17-16 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-16
30.1-17-16. (3-616) Special administrator - Appointed informally - Powers and duties
Status: in_force

30.1-17-16. (3-616) Special administrator - Appointed informally - Powers and duties

A special administrator appointed by the court in informal proceedings pursuant to

subsection 1 of section 30.1-17-14 has the duty to collect and manage the assets of the estate,

to preserve them, to account therefor, and to deliver them to the general personal representative

upon the personal representative's qualification. The special administrator has the power of a

personal representative, under this title, necessary to perform the special administrator's duties.
N.D. Cent. Code § 30.1-09-01 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-01
30.1-09-01. Requirement that devisee survive testator by one hundred twenty hours
Status: repealed

30.1-09-01. Requirement that devisee survive testator by one hundred twenty hours

Repealed by S.L. 1993, ch. 334, § 50.
N.D. Cent. Code § 30.1-28-08 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-08
30.1-28-08. (5-308) Visitor in guardianship proceedings
Status: repealed

30.1-28-08. (5-308) Visitor in guardianship proceedings

Repealed by S.L. 2025, ch. 318, § 28.
N.D. Cent. Code § 30.1-08-10 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-10
30.1-08-10. (2-510) Incorporation by reference
Status: in_force

30.1-08-10. (2-510) Incorporation by reference

Any writing in existence when a will is executed may be incorporated by reference if the

language of the will manifests this intent and describes the writing sufficiently to permit its

identification.
N.D. Cent. Code § 30.1-19-10 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-10
30.1-19-10. (3-810) Claims not due and contingent or unliquidated claims
Status: in_force

30.1-19-10. (3-810) Claims not due and contingent or unliquidated claims

1. If a claim which will become due at a future time or a contingent or unliquidated claim

becomes due or certain before the distribution of the estate, and if the claim has been

allowed or established by a proceeding, it is paid in the same manner as presently due

and absolute claims of the same class.

2. In other cases the personal representative or, on petition of the personal

representative or the claimant in a special proceeding for the purpose, the court may

provide for payment as follows:

a. If the claimant consents, the claimant may be paid the present or agreed value of

the claim, taking any uncertainty into account; or

b. Arrangement for future payment, or possible payment, on the happening of the

contingency or on liquidation, may be made by creating a trust, giving a

mortgage, obtaining a bond or security from a distributee, or otherwise.
N.D. Cent. Code § 30.1-21-03.1 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-03.1
30.1-21-03.1. Estate closing - Procedures
Status: in_force

30.1-21-03.1. Estate closing - Procedures

1. If the personal representative has not filed with the court a verified statement to close

the estate, or as part of the supervised administration proceedings in accordance with

this chapter, within three years from the date of death of the decedent, any devisee,

heir, distributee, or claimant may petition the court, formally or by any informal request,

or the court on its own motion may order, that the personal representative and the

attorney employed by the personal representative be required to show cause to the

court why the estate has not been closed. The court shall order the personal

representative and the attorney employed by the personal representative to show

cause to the court at a hearing scheduled within ninety days why the estate has not

been closed. The court shall serve notice upon all heirs, devisees, claimants,

distributees, and beneficiaries of the estate of the order to show cause, the date of the

hearing, and of their right to participate in the hearing proceedings.

2. Within twenty days of receipt of the order to show cause, the personal representative

or the attorney employed by the personal representative shall provide the court with a

report containing a time frame for the anticipated closure of the estate; a detailed

explanation as to why the estate has not been closed; and a detailed accounting of all

disbursements made by the estate, including specific information as to all fees and

other disbursements made to the personal representative, and to any attorney, auditor,

investment adviser, or other specialized agent or assistant employed to do work for the

estate.

3. After the order to show cause hearing, the court shall issue an order establishing a

timetable for the closing of the estate based upon the information provided in the

report and the evidence provided during the hearing. The court may award attorney's

fees and costs in favor of a petitioner if the court finds that the personal representative

or the attorney employed by the personal representative has failed to show cause why

the estate has not been closed within three years from the date of death of the

decedent unless extended by the court. The court may file a complaint with the

disciplinary board against the attorney.
N.D. Cent. Code § 30.1-12-06 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-06
30.1-12-06. (3-106) Proceedings within the exclusive jurisdiction of court - Service - Jurisdiction over persons
Status: in_force

30.1-12-06. (3-106) Proceedings within the exclusive jurisdiction of court - Service -

Jurisdiction over persons.

In proceedings within the exclusive jurisdiction of the court where notice is required by this

title or by rule, and in proceedings to construe probated wills or determine heirs which concern

estates that have not been and cannot now be opened for administration, interested persons

may be bound by the orders of the court in respect to property in or subject to the laws of this

state by notice in conformity with section 30.1-03-01. An order is binding as to all who are given

notice of the proceeding though less than all interested persons are notified.
N.D. Cent. Code § 30.1-07-01 — ND Code / Title 30.1 / Chapter 30.1-07 / Section 30.1-07-01
30.1-07-01. (2-403) Exempt property
Status: in_force

30.1-07-01. (2-403) Exempt property

In addition to the homestead defined in section 47-18-01, the decedent's surviving spouse is

entitled from the estate to a value, not exceeding fifteen thousand dollars in excess of any

security interests therein, in household furniture, automobiles, furnishings, appliances, and

personal effects. If there is no surviving spouse, the decedent's minor children, whom the

decedent was obligated to support and children who were in fact being supported by the

decedent, are entitled jointly to the same value. If encumbered chattels are selected and the

value in excess of security interests, plus that of other exempt property, is less than fifteen

thousand dollars, or if there is not fifteen thousand dollars worth of exempt property in the

estate, the spouse or such children are entitled to other assets of the estate, if any, to the extent

necessary to make up the fifteen thousand dollar value. Rights to exempt property and assets

needed to make up a deficiency of exempt property have priority over all claims against the

estate, but the right to any assets to make up a deficiency of exempt property abates as

necessary to permit earlier payment of the homestead allowance and family allowance. These

rights are in addition to any benefit or share passing to the surviving spouse or children by the

decedent's will, unless otherwise provided, by intestate succession, or by way of elective share.
N.D. Cent. Code § 30.1-15-12 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-12
30.1-15-12. (3-412) Formal testacy proceedings - Effect of order - Vacation
Status: in_force

30.1-15-12. (3-412) Formal testacy proceedings - Effect of order - Vacation

Subject to appeal and subject to vacation as provided herein and in section 30.1-15-13, a

formal testacy order under sections 30.1-15-09 through 30.1-15-11, including an order that the

decedent left no valid will and determining heirs, is final as to all persons with respect to all

issues concerning the decedent's estate that the court considered or might have considered

incident to its rendition relevant to the question of whether the decedent left a valid will, and to

the determination of heirs, except that:

1. The court shall entertain a petition for modification or vacation of its order and probate

of another will of the decedent if it is shown that the proponents of the later-offered will:

a. Were unaware of its existence at the time of the earlier proceeding; or

b. Were unaware of the earlier proceeding and were given no notice thereof, except

by publication.

2. If intestacy of all or part of the estate has been ordered, the determination of heirs of

the decedent may be reconsidered if it is shown that one or more persons were

omitted from the determination and it is also shown that the persons:

a. Were unaware of their relationship to the decedent;

b. Were unaware of the decedent's death; or

c. Were given no notice of any proceeding concerning the decedent's estate, except

by publication.

3. A petition for vacation under either subsection 1 or 2 must be filed prior to the earlier of

the following time limits:

a. If a personal representative has been appointed for the estate, the time of entry of

any order approving final distribution of the estate, or, if the estate is closed by

statement, six months after the filing of the closing statement.

b. Whether or not a personal representative has been appointed for the estate of the

decedent, the time prescribed by section 30.1-12-08 when it is no longer possible

to initiate an original proceeding to probate a will of the decedent.

c. Twelve months after the entry of the order sought to be vacated.

4. The order originally rendered in the testacy proceeding may be modified or vacated, if

appropriate under the circumstances, by the order of probate of the later-offered will or

the order redetermining heirs.

5. The finding of the fact of death is conclusive as to the alleged decedent only if notice

of the hearing on the petition in the formal testacy proceeding was sent by registered

or certified mail addressed to the alleged decedent at the alleged decedent's

last-known address and the court finds that a search under subsection 2 of section

30.1-15-03 was made.

If the alleged decedent is not dead, even if notice was sent and search was made, the alleged

decedent may recover estate assets in the hands of the personal representative. In addition to

any remedies available to the alleged decedent by reason of any fraud or intentional

wrongdoing, the alleged decedent may recover any of the estate or its proceeds from

distributees which is in their hands, or the value of distributions received by them, to the extent

that any recovery from distributees is equitable in view of all of the circumstances.
N.D. Cent. Code § 30.1-20-08 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-08
30.1-20-08. (3-908) Distribution - Right or title of distributee
Status: in_force

30.1-20-08. (3-908) Distribution - Right or title of distributee

Proof that a distributee has received an instrument or deed of distribution of assets in kind,

or payment in distribution, from a personal representative, is conclusive evidence that the

distributee has succeeded to the interest of the estate in the distributed assets, as against all

persons interested in the estate, except that the personal representative may recover the assets

or their value if the distribution was improper.
N.D. Cent. Code § 30.1-15-01 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-01
30.1-15-01. (3-401) Formal testacy proceedings - Nature - When commenced
Status: in_force

30.1-15-01. (3-401) Formal testacy proceedings - Nature - When commenced

1. A formal testacy proceeding is litigation to determine whether a decedent left a valid

will. A formal testacy proceeding may be commenced by an interested person filing a

petition as described in subsection 1 of section 30.1-15-02 in which the interested

person requests that the court, after notice and hearing, enter an order probating a

will, or a petition to set aside an informal probate of a will or to prevent informal

probate of a will which is the subject of a pending application, or a petition in

accordance with subsection 2 of section 30.1-15-02 for an order that the decedent

died intestate.

2. A petition may seek formal probate of a will without regard to whether the same or a

conflicting will has been informally probated. A formal testacy proceeding may, but

need not, involve a request for appointment of a personal representative.

3. During the pendency of a formal testacy proceeding, the court shall not act upon any

application for informal probate of any will of the decedent or any application for

informal appointment of a personal representative of the decedent.

4. Unless a petition in a formal testacy proceeding also requests confirmation of the

previous informal appointment, a previously appointed personal representative, after

receipt of notice of the commencement of a formal probate proceeding, must refrain

from exercising the power to make any further distribution of the estate during the

pendency of the formal proceeding. A petitioner who seeks the appointment of a

different personal representative in a formal proceeding also may request an order

restraining the acting personal representative from exercising any of the powers of that

office and requesting the appointment of a special administrator. In the absence of a

request, or if the request is denied, the commencement of a formal proceeding has no

effect on the powers and duties of a previously appointed personal representative

other than those relating to distribution.
N.D. Cent. Code § 30.1-31-08 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-08
30.1-31-08. (6-211) Ownership during lifetime
Status: in_force

30.1-31-08. (6-211) Ownership during lifetime

1. In this section, "net contribution" of a party means the sum of all deposits to an

account made by or for the party, less all payments from the account made to or for

the party which have not been paid to or applied to the use of another party and a

proportionate share of any charges deducted from the account, plus a proportionate

share of any interest or dividends earned, whether or not included in the current

balance. The term includes deposit life insurance proceeds added to the account by

reason of death of the party whose net contribution is in question.

2. During the lifetime of all parties, an account belongs to the parties in proportion to the

net contribution of each to the sums on deposit, unless there is clear and convincing

evidence of a different intent. As between parties married to each other, in the absence

of proof otherwise, the net contribution of each is presumed to be an equal amount.

3. A beneficiary in an account having a P.O.D. designation has no right to sums on

deposit during the lifetime of any party.

4. An agent in an account with an agency designation has no beneficial right to sums on

deposit.
N.D. Cent. Code § 30.1-28-03.2 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-03.2
30.1-28-03.2. Authorization of a single transaction to sell, encumber, or transfer ownership of real or personal property of the ward
Status: in_force

30.1-28-03.2. Authorization of a single transaction to sell, encumber, or transfer

ownership of real or personal property of the ward.

1. A guardian may move the court for authorization to sell, mortgage, lease, or otherwise

encumber or transfer ownership of the real or personal property of the ward, valued at

over two thousand five hundred dollars, upon such terms as the court may order, for

the purpose of paying the ward's debts; providing for the care, maintenance,

rehabilitation, training, or education of the ward or the ward's dependents; or for any

other purpose which is in the best interests of the ward.

2. The motion must contain:

a. The type of property;

b. A description of the property;

c. The type of transaction;

d. The details of the transaction;

e. The reason for the transaction;

f. The current fair market value of the property:

(1) For real property, an appraisal must be provided unless good cause is

shown; or

(2) For personal property, a description of how the guardian arrived at the fair

market value must be provided;

g. An explanation of why the transaction is in the best interests of the ward; and

h. A notice that any person interested in the ward's property that opposes the

transaction shall file an objection within ten days of the notice and demand a

hearing.

3. The motion must be served upon those identified in section 30.1-28-09.1.

4. Any consents of the ward's spouse or interested persons must be filed with the motion.

If the motion is unopposed, the court may authorize the transaction without a hearing

or may conduct a hearing and require proof of the matters necessary to support the

authorization of the transaction.

5. The court's order must include specific findings regarding whether the transaction is in

the best interests of the ward.
N.D. Cent. Code § 30.1-29-05.1 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-05.1
30.1-29-05.1. Notices in conservatorship proceedings subsequent to appointment
Status: in_force

30.1-29-05.1. Notices in conservatorship proceedings subsequent to appointment

Notice in a conservatorship proceeding subsequent to appointment of a conservator must

be given to the parties, the guardian, if any, the individual in need of protection, and any

interested persons designated by the court.
N.D. Cent. Code § 30.1-01-02 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-02
30.1-01-02. (1-102) Purposes - Rule of construction
Status: in_force

30.1-01-02. (1-102) Purposes - Rule of construction

1. This title shall be liberally construed and applied to promote its underlying purposes

and policies.

2. The underlying purposes and policies of this title are:

a. To simplify and clarify the law concerning the affairs of decedents, missing

persons, protected persons, minors, and incapacitated persons.

b. To discover and make effective the intent of a decedent in distribution of the

decedent's property.

c. To promote a speedy and efficient system for liquidating the estate of the

decedent and making distribution to the decedent's successors.

d. To facilitate the use and enforcement of certain trusts.

e. To make uniform the law among the various jurisdictions.
N.D. Cent. Code § 30.1-29-07.1 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-07.1
30.1-29-07.1. Confidentiality - Reports - Personal information
Status: in_force

30.1-29-07.1. Confidentiality - Reports - Personal information

1. A written report prepared and submitted by a guardian ad litem or expert examiner and

annual and final reports and financial accounting prepared and submitted by a

conservator are closed to the public and are not open to inspection except by the

court, parties to the proceeding or the parties' counsel, other persons for those

purposes as the court may order for good cause, and others authorized by court rule.

2. Any medical, psychological, or other treatment information protected by federal law or

regulation, and any financial account numbers related to a protected person or

proposed protected person are confidential and may not be disclosed except to parties

to the proceeding, the parties' counsel, and others authorized by court rule. The court

may permit access by other persons for good cause.
N.D. Cent. Code § 30.1-17-11 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-11
30.1-17-11. (3-611) Termination of appointment by removal - Cause - Procedure
Status: in_force

30.1-17-11. (3-611) Termination of appointment by removal - Cause - Procedure

1. A person interested in the estate may petition for removal of a personal representative

for cause at any time. Upon filing of the petition, the court shall fix a time and place for

hearing. Notice shall be given by the petitioner to the personal representative, and to

other persons as the court may order. Except as otherwise ordered as provided in

section 30.1-17-07, after receipt of notice of removal proceedings, the personal

representative shall not act except to account, to correct maladministration or preserve

the estate. If removal is ordered, the court also shall direct by order the disposition of

the assets remaining in the name of, or under the control of, the personal

representative being removed.

2. Cause for removal exists when removal would be in the best interests of the estate, or

if it is shown that a personal representative or the person seeking the personal

representative's appointment intentionally misrepresented material facts in the

proceedings leading to the personal representative's appointment, or that the personal

representative has disregarded an order of the court, has become incapable of

discharging the duties of the office, or has mismanaged the estate or failed to perform

any duty pertaining to the office. Unless the decedent's will directs otherwise, a

personal representative appointed at the decedent's domicile, incident to securing

appointment of the personal representative or the personal representative's nominee

as ancillary personal representative, may obtain removal of another who was

appointed personal representative in this state to administer local assets.
N.D. Cent. Code § 30.1-16-05 — ND Code / Title 30.1 / Chapter 30.1-16 / Section 30.1-16-05
30.1-16-05. (3-505) Supervised administration - Interim orders - Distribution and closing orders
Status: in_force

30.1-16-05. (3-505) Supervised administration - Interim orders - Distribution and

closing orders.

Unless otherwise ordered by the court, supervised administration is terminated by order in

accordance with time restrictions, notices, and contents of orders prescribed for proceedings

under section 30.1-21-01. Interim orders approving or directing partial distributions or granting

other relief may be issued by the court at any time during the pendency of a supervised

administration on the application of the personal representative or any interested person.
N.D. Cent. Code § 30.1-17-12 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-12
30.1-17-12. (3-612) Termination of appointment - Change of testacy status
Status: in_force

30.1-17-12. (3-612) Termination of appointment - Change of testacy status

Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the

appointment of a personal representative in intestacy or under a will which is superseded by

formal probate of another will, or the vacation of an informal probate of a will subsequent to the

appointment of the personal representative thereunder, does not terminate the appointment of

the personal representative although the personal representative's powers may be reduced as

provided in section 30.1-15-01. Termination occurs upon appointment in informal or formal

appointment proceedings of a person entitled to appointment under the later assumption

concerning testacy. If no request for new appointment is made within thirty days after expiration

of time for appeal from the order in formal testacy proceedings, or from the informal probate,

changing the assumption concerning testacy, the previously appointed personal representative

upon request may be appointed personal representative under the subsequently probated will,

or as in intestacy, as the case may be.
N.D. Cent. Code § 30.1-14-10 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-10
30.1-14-10. (3-310) Informal appointment proceedings - Notice requirements
Status: in_force

30.1-14-10. (3-310) Informal appointment proceedings - Notice requirements

The moving party must give notice as described by section 30.1-03-01 of the moving party's

intention to seek an appointment informally:

1. To any person demanding it pursuant to section 30.1-13-04.

2. To any person having a prior or equal right to appointment not waived in writing and

filed with the court.

No other notice of an informal appointment proceeding is required.
N.D. Cent. Code § 30.1-08.2-06 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-06
30.1-08.2-06. (2-1006) International will - Effect of certificate
Status: in_force

30.1-08.2-06. (2-1006) International will - Effect of certificate

In the absence of evidence to the contrary, the certificate of the authorized person is

conclusive of the formal validity of the instrument as a will under this chapter. The absence or

irregularity of a certificate does not affect the formal validity of a will under this chapter.
N.D. Cent. Code § 30.1-28-17 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-17
30.1-28-17. Involuntary treatment with prescribed medication hearing
Status: in_force

30.1-28-17. Involuntary treatment with prescribed medication hearing

1. The involuntary treatment with prescribed mood stabilizer or antipsychotic medication

hearing must be held within three business days of the date of the filing of the petition

unless waived by the ward or the ward has been released as a person not requiring

treatment. The court may extend the time for hearing for good cause.

2. The hearing must be held in the county of the ward's residence or location, or the

county in which the state hospital or treatment facility treating the ward is located.

3. At the hearing, evidence in support of the request must be presented by the guardian

or guardian's counsel. During the hearing, the guardian and the ward must be afforded

an opportunity to testify and to present and cross-examine witnesses. The court may

receive the testimony of any other interested person.

4. All individuals not necessary for the conduct of the proceeding must be excluded,

however, individuals having a legitimate interest in the proceeding may be admitted by

the court. The hearing must be conducted as informal as practicable, but the issue

must be tried as a civil matter.

5. Discovery and the power of subpoena permitted under the North Dakota Rules of Civil

Procedure are available to the ward. The court shall receive all relevant and material

evidence that may be offered as governed by the North Dakota Rules of Evidence.

There is a presumption in favor of the ward, and the burden of proof is upon the

petitioner to rebut the presumption in support of the petition. If the court finds that the

petition has not been sustained by clear and convincing evidence, the court shall deny

the petition.
N.D. Cent. Code § 30.1-30-02 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-02
30.1-30-02. (5-502) Durable power of attorney not affected by disability or lapse of time
Status: in_force

30.1-30-02. (5-502) Durable power of attorney not affected by disability or lapse of

time.

All acts done by an attorney in fact pursuant to a durable power of attorney during any

period of disability or incapacity of the principal have the same effect and inure to the benefit of

and bind the principal and the principal's successors in interest as if the principal were

competent and not disabled. Unless the instrument states a time of termination, the power is

exercisable notwithstanding the lapse of time since the execution of the instrument.
N.D. Cent. Code § 30.1-01-05 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-05
30.1-01-05. (1-108) Acts by holder of general power
Status: in_force

30.1-01-05. (1-108) Acts by holder of general power

For the purpose of granting consent or approval with regard to the acts or accounts of a

personal representative or trustee, including relief from liability or penalty for failure to post

bond, to register a trust, or to perform other duties, and for purposes of consenting to

modification or termination of a trust or to deviation from its terms, the sole holder or all

coholders of a presently exercisable general power of appointment, including one in the form of

a power of amendment or revocation, are deemed to act for beneficiaries to the extent their

interests (as objects, takers in default, or otherwise) are subject to the power.
N.D. Cent. Code § 30.1-20-07.1 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-07.1
30.1-20-07.1. Deed of distribution - Error in description
Status: in_force

30.1-20-07.1. Deed of distribution - Error in description

If a deed of distribution contains an error in its description of the property distributed or its

ownership, the distributee may petition a court of proper jurisdiction to issue an ex parte order

allowing an amendment of the deed of distribution to correct the error.
N.D. Cent. Code § 30.1-31-02 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-02
30.1-31-02. (6-201) Definitions
Status: in_force

30.1-31-02. (6-201) Definitions

As used in sections 30.1-31-02 through 30.1-31-20:

1. "Account" means a contract of deposit between a depositor and a financial institution,

and includes a checking account, savings account, certificate of deposit, and share

account.

2. "Agent" means a person authorized to make account transactions for a party.

3. "Beneficiary" means a person named as one to whom sums on deposit in an account

are payable on request after death of all parties or for whom a party is named as

trustee.

4. "Financial institution" means an organization authorized to do business under state or

federal laws relating to financial institutions, and includes a bank, trust company,

savings bank, building and loan association, savings and loan association, and credit

union.

5. "Multiple-party account" means an account payable on request to one or more of two

or more parties, whether or not a right of survivorship is mentioned.

6. "Party" means a person who, by the terms of an account, has a present right, subject

to request, to payment from the account other than as a beneficiary or agent.

7. "Payment" of sums on deposit includes withdrawal, payment to a party or third person

pursuant to check or other request, and a pledge of sums on deposit by a party, or a

setoff, reduction, or other disposition of all or part of an account pursuant to a pledge.

8. "P.O.D. designation" means the designation of:

a. A beneficiary in an account payable on request to one party during the party's

lifetime and on the party's death to one or more beneficiaries, or to one or more

parties during their lifetimes and on death of all of them to one or more

beneficiaries; or

b. A beneficiary in an account in the name of one or more parties as trustee for one

or more beneficiaries if the relationship is established by the terms of the account

and there is no subject of the trust other than the sums on deposit in the account,

whether or not payment to the beneficiary is mentioned.

9. "Receive", as it relates to notice to a financial institution, means receipt in the office or

branch office of the financial institution in which the account is established, but if the

terms of the account require notice at a particular place, in the place required.

10. "Request" means a request for payment complying with all terms of the account,

including special requirements concerning necessary signatures and regulations of the

financial institution; but, for purposes of sections 30.1-31-02 through 30.1-31-20, if

terms of the account condition payment on advance notice, a request for payment is

treated as immediately effective and a notice of intent to withdraw is treated as a

request for payment.

11. "Sums on deposit" means the balance payable on an account, including interest and

dividends earned, whether or not included in the current balance, and any deposit life

insurance proceeds added to the account by reason of death of a party.

12. "Terms of the account" includes the deposit agreement and other terms and

conditions, including the form, of the contract of deposit.
N.D. Cent. Code § 30.1-14-03 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-03
30.1-14-03. (3-303) Informal probate - Proof and findings required
Status: in_force

30.1-14-03. (3-303) Informal probate - Proof and findings required

1. In an informal proceeding for original probate of a will, the court shall determine

whether:

a. The application is complete.

b. The applicant has made oath or affirmation that the statements contained in the

application are true to the best of the applicant's knowledge and belief.

c. The applicant appears from the application to be an interested person as defined

in section 30.1-01-06.

d. On the basis of the statements in the application, venue is proper.

e. An original, duly executed, and apparently unrevoked will is in the court's

possession.

f. Any notice required by section 30.1-13-04 has been given and that the

application is not within section 30.1-14-04.

g. It appears from the application that the time limit for original probate has not

expired.

2. The application must be denied if it indicates that a personal representative has been

appointed in another county of this state or, except as provided in subsection 4, if it

appears that this or another will of the decedent has been the subject of a previous

probate order.

3. A will that appears to have the required signatures and which contains an attestation

clause showing that requirements of execution under section 30.1-08-02 or 30.1-08-06

have been met must be probated without further proof. In other cases, the court may

assume execution if the will appears to have been properly executed, or the court may

accept a sworn statement or affidavit of any person having knowledge of the

circumstances of execution, whether or not the person was a witness to the will.

4. Informal probate of a will that has been previously probated elsewhere may be granted

at any time upon written application by any interested person, together with deposit of

an authenticated copy of the will and of the statement probating it from the office or

court where it was first probated.

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

not eligible for probate under subsection 1 may be probated in this state upon receipt

by the court of a duly authenticated copy of the will and a duly authenticated certificate

of its legal custodian that the copy filed is a true copy and that the will has become

operative under the law of the other place.
N.D. Cent. Code § 30.1-32.1-01 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-01
30.1-32.1-01. Definitions
Status: in_force

30.1-32.1-01. Definitions

In this chapter:

1. "Beneficiary" means a person that receives property under a transfer on death deed.

2. "Designated beneficiary" means a person designated to receive property in a transfer

on death deed.

3. "Joint owner" means an individual who owns property concurrently with one or more

other individuals with a right of survivorship. The term includes a joint tenant and

tenant by the entirety. The term does not include a tenant in common.

4. "Property" means an interest in real property located in this state which is transferable

on the death of the owner.

5. "Transfer on death deed" means a deed authorized under this chapter.

6. "Transferor" means an individual who makes a transfer on death deed.
N.D. Cent. Code § 30.1-37-03 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-03
30.1-37-03. Choice of law regarding execution
Status: in_force

30.1-37-03. Choice of law regarding execution

A will executed electronically but not in compliance with subsection 1 of section 30.1-37-04

is an electronic will under this chapter if executed in compliance with the law of the jurisdiction

where the testator is:

1. Physically located when the will is signed; or

2. Domiciled or resides when the will is signed or when the testator dies.
N.D. Cent. Code § 30.1-24-03 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-03
30.1-24-03. (4-202) Payment or delivery discharges
Status: in_force

30.1-24-03. (4-202) Payment or delivery discharges

Payment or delivery made in good faith on the basis of the proof of authority and affidavit

releases the debtor or person having possession of the personal property to the same extent as

if payment or delivery had been made to a local personal representative.
N.D. Cent. Code § 30.1-18-17 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-17
30.1-18-17. (3-717) Corepresentatives - When joint action required
Status: in_force

30.1-18-17. (3-717) Corepresentatives - When joint action required

If two or more persons are appointed corepresentatives and unless the will provides

otherwise, the concurrence of all is required on all acts connected with the administration and

distribution of the estate. This restriction does not apply when any corepresentative receives

and receipts for property due the estate, when the concurrence of all cannot readily be obtained

in the time reasonably available for emergency action necessary to preserve the estate, or when

a corepresentative has been delegated to act for the others. Persons dealing with a

corepresentative, if actually unaware that another has been appointed to serve with the

corepresentative or if advised by the personal representative with whom they deal that the

representative has authority to act alone for any of the reasons mentioned herein, are as fully

protected as if the person with whom they dealt had been the sole personal representative.
N.D. Cent. Code § 30.1-23-04 — ND Code / Title 30.1 / Chapter 30.1-23 / Section 30.1-23-04
30.1-23-04. (3-1204) Small estate - Closing by sworn statement of personal representative
Status: in_force

30.1-23-04. (3-1204) Small estate - Closing by sworn statement of personal

representative.

1. Unless prohibited by order of the court and except for estates being administered by

supervised personal representatives, a personal representative may close an estate

administered under the summary procedures of section 30.1-23-03 by filing with the

court, at any time after disbursement and distribution of the estate, a verified statement

stating that:

a. To the best knowledge of the personal representative, the value of the entire

estate, less liens and encumbrances, did not exceed the homestead as defined in

section 47-18-01, plus exempt property, pursuant to section 30.1-07-01, family

allowance, costs and expenses of administration, reasonable funeral expenses,

and reasonable, necessary medical and hospital expenses of the last illness of

the decedent.

b. The personal representative has fully administered the estate by disbursing and

distributing it to the persons entitled thereto.

c. The personal representative has sent a copy of the closing statement to all

distributees of the estate and to all creditors or other claimants of whom the

personal representative is aware whose claims are neither paid nor barred and

has furnished a full account in writing of the personal representative's

administration to the distributees whose interests are affected.

2. If no actions or proceedings involving the personal representative are pending in the

court one year after the closing statement is filed, the appointment of the personal

representative terminates.

3. A closing statement filed under this section has the same effect as one filed under

section 30.1-21-03.
N.D. Cent. Code § 30.1-24-05 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-05
30.1-24-05. (4-204) Proof of authority - Bond
Status: in_force

30.1-24-05. (4-204) Proof of authority - Bond

If no local administration or application or petition for local administration is pending in this

state, a domiciliary foreign personal representative may file with a court in this state, in a county

in which property belonging to the decedent is located, authenticated or certified copies of the

person's appointment and of any official bond the person has given, and the court shall enter an

order establishing the filing of the copies.
N.D. Cent. Code § 30.1-17-07 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-07
30.1-17-07. (3-607) Order restraining personal representative
Status: in_force

30.1-17-07. (3-607) Order restraining personal representative

1. On petition of any person who appears to have an interest in the estate, the court, by

temporary order, may restrain a personal representative from performing specified acts

of administration, disbursement, or distribution, or exercise of any powers or discharge

of any duties of the personal representative's office, or make any other order to secure

proper performance of the personal representative's duty, if it appears to the court that

the personal representative otherwise may take some action which would jeopardize

unreasonably the interest of the applicant or of some other interested person. Persons

with whom the personal representative may transact business may be made parties.

2. The matter shall be set for hearing within ten days unless the parties otherwise agree.

Notice, as the court directs, shall be given to the personal representative and the

personal representative's attorney of record, if any, and to any other parties named

defendant in the petition.
N.D. Cent. Code § 30.1-28-07 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-07
30.1-28-07. (5-307) Change in or termination of guardianship
Status: in_force

30.1-28-07. (5-307) Change in or termination of guardianship

1. The ward or any person interested in the ward's welfare may petition for an order that

the ward is no longer incapacitated or no longer incapacitated to the same extent as

the ward was when the original guardianship order was made or last reviewed by the

court, or that the duties and authority of the guardian require modification, or change in

the duties and authority of the guardian. 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 30.1-28-09.1. Any person

who knowingly interferes with transmission of this kind of request to the court or judge

may be adjudged guilty of contempt of court.

2. Before changing the guardian's duties and authority, accepting the resignation of a

guardian, or on finding that the ward is no longer incapacitated, or no longer

incapacitated to the same extent and ordering the guardianship terminated or

modified, the court, following the same procedures to safeguard the rights of the ward

as apply to a petition for appointment of a guardian, may send a visitor to the place

where the ward resides or is detained, to observe conditions and report in writing to

the court.

3. A hearing must be held no later than sixty days following the filing of the petition or

informal request, unless good cause is shown. Following the hearing, the court shall

make written findings of fact. Before terminating or modifying the guardianship, the

court shall find by a preponderance of the evidence that the ward is no longer

incapacitated, no longer incapacitated to the same extent as the ward was when the

original guardianship order was made or last reviewed by the court, or that it is in the

best interests of the ward that the duties and authority of the guardian be modified.

New letters of guardianship must be issued to the guardian in the same manner as

provided in section 30.1-28-05.

4. In deciding whether to terminate or modify a guardianship, the court may require a

report by and consider the recommendations of an expert examiner.

5. On termination of the guardianship, a guardian shall file a final report and accounting

and provide a copy of the report and accounting to those given notice under section
N.D. Cent. Code § 30.1-12-04 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-04
30.1-12-04. (3-104) Claims against decedent - Necessity of administration
Status: in_force

30.1-12-04. (3-104) Claims against decedent - Necessity of administration

No proceeding to enforce a claim against the estate of a decedent or the decedent's

successors may be revived or commenced before the appointment of a personal representative.

After the appointment and until distribution, all proceedings and actions to enforce a claim

against the estate are governed by the procedure prescribed by chapters 30.1-12 through
N.D. Cent. Code § 30.1-17-08 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-08
30.1-17-08. (3-608) Termination of appointment - General
Status: in_force

30.1-17-08. (3-608) Termination of appointment - General

Termination of appointment of a personal representative occurs as indicated in sections

30.1-17-09 through 30.1-17-12. Termination ends the right and power pertaining to the office of

personal representative as conferred by this title or any will, except that a personal

representative, at any time prior to distribution or until restrained or enjoined by court order, may

perform acts necessary to protect the estate and may deliver the assets to a successor

representative. Termination does not discharge a personal representative from liability for

transactions or omissions occurring before termination, or relieve the personal representative of

the duty to preserve assets subject to the personal representative's control, to account therefor,

and to deliver the assets. Termination does not affect the jurisdiction of the court over the

personal representative, but terminates the personal representative's authority to represent the

estate in any pending or future proceeding.
N.D. Cent. Code § 30.1-36-03 — ND Code / Title 30.1 / Chapter 30.1-36 / Section 30.1-36-03
30.1-36-03. Supporter - Liability
Status: in_force

30.1-36-03. Supporter - Liability

A supporter is not liable to the named individual and has not engaged in professional

misconduct for acts performed as a supporter in good faith unless the supporter has been

recklessly or grossly negligent or has intentionally committed misconduct.
N.D. Cent. Code § 30.1-24-01 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-01
30.1-24-01. (4-101) Definitions
Status: in_force

30.1-24-01. (4-101) Definitions

In chapters 30.1-24 and 30.1-25:

1. "Local administration" means administration by a personal representative appointed in

this state pursuant to appointment proceedings described in chapters 30.1-12 through

30.1-23.

2. "Local personal representative" includes any personal representative appointed in this

state pursuant to appointment proceedings described in chapters 30.1-12 through

30.1-23 and excludes foreign personal representatives who acquire the power of a

local personal representative pursuant to section 30.1-24-06.

3. "Resident creditor" means a person domiciled in, or doing business in, this state, who

is, or could be, a claimant against an estate of a nonresident decedent.
N.D. Cent. Code § 30.1-28-06 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-06
30.1-28-06. (5-306) Termination of guardianship
Status: in_force

30.1-28-06. (5-306) Termination of guardianship

The authority and responsibility of a guardian for an incapacitated person terminates upon

the death of the guardian or ward, except, the guardian may arrange for a deceased ward's final

disposition and refer the ward's estate to probate, if no other person is available to perform

those acts, the determination of incapacity of the guardian, or upon removal or resignation as

provided in section 30.1-28-07. Testamentary appointment under an informally probated will

terminates if the will is later denied probate in a formal proceeding. Termination does not affect

the guardian's liability for prior acts nor the guardian's obligation to account for funds and assets

of the ward.
N.D. Cent. Code § 30.1-16-04 — ND Code / Title 30.1 / Chapter 30.1-16 / Section 30.1-16-04
30.1-16-04. (3-504) Supervised administration - Powers of personal representative
Status: in_force

30.1-16-04. (3-504) Supervised administration - Powers of personal representative

Unless restricted by the court, a supervised personal representative has, without interim

orders approving exercise of a power, all powers of personal representatives under this title, but

shall not exercise the power to make any distribution of the estate without prior order of the

court. Any other restriction on the power of a personal representative which may be ordered by

the court must be endorsed on the personal representative's letters of appointment and, unless

so endorsed, is ineffective as to persons dealing in good faith with the personal representative.
N.D. Cent. Code § 30.1-08.2-07 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-07
30.1-08.2-07. (2-1007) International will - Revocation
Status: in_force

30.1-08.2-07. (2-1007) International will - Revocation

An international will is subject to the ordinary rules of revocation of wills.
N.D. Cent. Code § 30.1-19-01 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-01
30.1-19-01. (3-801) Notice to creditors
Status: in_force

30.1-19-01. (3-801) Notice to creditors

Unless notice has already been given under this section, a personal representative upon

appointment may publish a notice to creditors whose identities are not reasonably

ascertainable. The notice must be published once a week for three successive weeks in a

newspaper of general circulation in the county. If the personal representative elects to publish a

notice to creditors then, in addition to publishing the notice to creditors, the personal

representative shall mail a copy of the notice to those creditors whose identities are known to

the personal representative or are reasonably ascertainable and who have not already filed a

claim. The notice must announce the personal representative's appointment and address and

notify creditors of the estate to present their claims within three months after the date of the first

publication or mailing of the notice or be forever barred. For the purpose of this section, a

reasonably ascertainable creditor includes a creditor who regularly submits billings to the

decedent or the decedent's estate and to whose billings the personal representative has had

access.
N.D. Cent. Code § 30.1-18-06 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-06
30.1-18-06. (3-706) Duty of personal representative - Inventory and appraisement
Status: in_force

30.1-18-06. (3-706) Duty of personal representative - Inventory and appraisement

1. Within six months after appointment, or nine months after the death of the decedent,

whichever is later, a personal representative, who is not a special administrator or a

successor to another representative who has previously discharged this duty, shall

prepare and file or mail an inventory of property owned by the decedent at the time of

the decedent's death, listing it with reasonable detail, and indicating as to each listed

item, its fair market value as of the date of the decedent's death, and the type and

amount of any encumbrance that may exist with reference to any item.

2. The personal representative may file the original of the inventory with the court and

send a copy of the inventory only to interested persons who request it. If the personal

representative elects not to file the inventory with the court, the personal

representative must mail a copy of the inventory to each of the heirs in an intestate

estate, or to each of the devisees if a will has been probated, and to any other

interested persons who request it.
N.D. Cent. Code § 30.1-08-05 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-05
30.1-08-05. (2-505) Who may witness
Status: in_force

30.1-08-05. (2-505) Who may witness

1. Any person generally competent to be a witness may act as a witness to a will.

2. A will or any provision thereof is not invalid because the will is signed by an interested

witness.
N.D. Cent. Code § 30.1-31-07 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-07
30.1-31-07. (6-206) Applicability of sections 30.1-31-02 through 30.1-31-20
Status: in_force

30.1-31-07. (6-206) Applicability of sections 30.1-31-02 through 30.1-31-20

The provisions of sections 30.1-31-08 through 30.1-31-13 concerning beneficial ownership

as between parties or as between parties and beneficiaries apply only to controversies between

those persons and their creditors and other successors, and do not apply to the right of those

persons to payment as determined by the terms of the account. Sections 30.1-31-14 through

30.1-31-20 govern the liability and setoff rights of financial institutions that make payments

pursuant to it.
N.D. Cent. Code § 30.1-29-24 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-24
30.1-29-24. (5-424) Powers of conservator in administration
Status: in_force

30.1-29-24. (5-424) Powers of conservator in administration

1. A conservator has all of the powers conferred herein and any additional powers

conferred by law on trustees in this state.

2. A conservator has power, without court authorization or confirmation, to invest and

reinvest funds of the estate as would a trustee.

3. A conservator, acting reasonably in efforts to accomplish the purpose for which the

conservator was appointed, except as provided in section 30.1-29-22, may act without

court authorization or confirmation, to:

a. Collect, hold, and retain assets of the estate, including land in another state, until,

in the conservator's judgment, disposition of the assets should be made, and the

assets may be retained even though they include an asset in which the

conservator is personally interested.

b. Receive additions to the estate.

c. Continue or participate in the operation of any business or other enterprise.

d. Acquire an undivided interest in an estate asset in which the conservator, in any

fiduciary capacity, holds an undivided interest.

e. Invest and reinvest estate assets in accordance with subsection 2.

f. Deposit estate funds in a bank, including a bank operated by the conservator.

g. Acquire or dispose of an estate asset, including land in another state for cash or

on credit, at public or private sale, and to manage, develop, improve, exchange,

partition, change the character of, or abandon an estate asset.

h. Make ordinary or extraordinary repairs or alterations in buildings or other

structures, demolish any improvements, and raze existing or erect new party

walls or buildings.

i. Subdivide, develop, or dedicate land to public use, to make or obtain the vacation

of plats and adjust boundaries, to adjust differences in valuation on exchange or

to partition by giving or receiving considerations, and to dedicate easements to

public use without consideration.

j. 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 term of the

conservatorship.

k. Enter into a lease or arrangement for exploration and removal of minerals or

other natural resources or enter into a pooling or unitization agreement.

l. Grant an option involving disposition of an estate asset, except the sale of real

property, to take an option for the acquisition of any asset.

m. Vote a security, in person or by general or limited proxy.

n. Pay calls, assessments, and any other sums chargeable or accruing against or

on account of securities.

o. Sell or exercise stock or membership interest, subscription or conversion rights,

to 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.

p. Hold a security in the name of a nominee or in other form without disclosure of

the conservatorship so that title to the security may pass by delivery, but the

conservator is liable for any act of the nominee in connection with the stock so

held.

q. Insure the assets of the estate against damage or loss, and the conservator

against liability with respect to third persons.

r. Borrow money to be repaid from estate assets or otherwise, to advance money

for the protection of the estate or the protected person, and for all expenses,

losses, and liability sustained in the administration of the estate or because of the

holding or ownership of any estate assets and the conservator has a lien on the

estate as against the protected person for advances so made.

s. Pay or contest any claim, to settle a claim by or against the estate or the

protected person by compromise, arbitration, or otherwise, and to release, in

whole or in part, any claim belonging to the estate to the extent that the claim is

uncollectible.

t. Pay taxes, assessments, compensation of the conservator, and other expenses

incurred in the collection, care, administration, and protection of the estate.

u. Allocate items of income or expense to either estate income or principal, as

provided by law, including creation of reserves out of income for depreciation,

obsolescence, or amortization, or for depletion in mineral or timber properties.

v. Pay any sum distributable to a protected person or the protected person's

dependent without liability to the conservator, by paying the sum to the distributee

or by paying the sum for the use of the distributee either to the distributee's

guardian or, if none, to a relative or other person with custody of the distributee's

person.

w. Employ persons, including attorneys, auditors, investment advisers, or agents,

even though they are associated with the conservator, to advise or assist the

conservator in the performance of the conservator's administrative duties, to act

upon their recommendation without independent investigation, and instead of

acting personally, to employ one or more agents to perform any act of

administration, whether or not discretionary.

x. Prosecute or defend actions, claims, or proceedings in any jurisdiction for the

protection of estate assets and of the conservator in the performance of the

conservator's duties.

y. Execute and deliver all instruments which will accomplish or facilitate the exercise

of the powers vested in the conservator.
N.D. Cent. Code § 30.1-29-26 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-26
30.1-29-26. (5-426) Enlargement or limitation of powers of conservator
Status: in_force

30.1-29-26. (5-426) Enlargement or limitation of powers of conservator

Subject to the restrictions in subdivision d of subsection 2 of section 30.1-29-08, the court

may confer on a conservator at the time of appointment or later, in addition to the powers

conferred on the conservator by sections 30.1-29-24 and 30.1-29-25, any power which the court

itself could exercise under subdivisions b and c of subsection 2 of section 30.1-29-08. The court

may, at the time of appointment or later, limit the powers of a conservator otherwise conferred

by sections 30.1-29-24 and 30.1-29-25, or previously conferred by the court, and may at any

time relieve the conservator of any limitation. If the court limits any power conferred on the

conservator by sections 30.1-29-24 and 30.1-29-25, the limitation shall be endorsed upon the

conservator's letters of appointment.
N.D. Cent. Code § 30.1-15-05 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-05
30.1-15-05. (3-405) Formal testacy proceedings - Uncontested cases - Hearings and proof
Status: in_force

30.1-15-05. (3-405) Formal testacy proceedings - Uncontested cases - Hearings and

proof.

If a petition in a testacy proceeding is unopposed, the court may order probate or intestacy

on the strength of the pleadings if satisfied that the conditions of section 30.1-15-09 have been

met, or conduct a hearing in open court and require proof of the matters necessary to support

the order sought. If evidence concerning execution of the will is necessary, the affidavit or

testimony of one of any attesting witnesses to the instrument is sufficient. If the affidavit or

testimony of an attesting witness is not available, execution of the will may be proved by other

evidence or affidavit.
N.D. Cent. Code § 30.1-09.1-04 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-04
30.1-09.1-04. (2-704) Power of appointment - Meaning of specific reference requirement
Status: in_force

30.1-09.1-04. (2-704) Power of appointment - Meaning of specific reference

requirement.

If a governing instrument creating a power of appointment expressly requires that the power

be exercised by a reference, an express reference, or a specific reference, to the power or its

source, it is presumed that the donor's intention, in requiring that the donee exercise the power

by making reference to the particular power or to the creating instrument, was to prevent an

inadvertent exercise of the power.
N.D. Cent. Code § 30.1-31-26 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-26
30.1-31-26. (6-306) Effect of registration in beneficiary form
Status: in_force

30.1-31-26. (6-306) Effect of registration in beneficiary form

The designation of a T.O.D. beneficiary on a registration in beneficiary form has no effect on

ownership until the owner's death. A registration of a security in beneficiary form may be

canceled or changed at any time by the sole owner or all then surviving owners without the

consent of the beneficiary.
N.D. Cent. Code § 30.1-13-02 — ND Code / Title 30.1 / Chapter 30.1-13 / Section 30.1-13-02
30.1-13-02. (3-202) Appointment or testacy proceedings - Conflicting claim of domicile in another state
Status: in_force

30.1-13-02. (3-202) Appointment or testacy proceedings - Conflicting claim of

domicile in another state.

If conflicting claims as to the domicile of a decedent are made in a formal testacy or

appointment proceeding commenced in this state, and in a testacy or appointment proceeding

after notice pending at the same time in another state, the court of this state must stay, dismiss,

or permit suitable amendment in the proceeding here unless it is determined that the local

proceeding was commenced before the proceeding elsewhere. The determination of domicile in

the proceeding first commenced must be accepted as determinative in the proceeding in this

state.
N.D. Cent. Code § 30.1-31-23 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-23
30.1-31-23. (6-303) Registration in beneficiary form - Applicable law
Status: in_force

30.1-31-23. (6-303) Registration in beneficiary form - Applicable law

A security may be registered in beneficiary form if the form is authorized by this or a similar

statute of the state of organization of the issuer or registering entity, the location of the

registering entity's principal office, the office of its transfer agent or its office making the

registration, or by this or a similar statute of the law of the state listed as the owner's address at

the time of registration. A registration governed by the law of a jurisdiction in which this or similar

legislation is not in force or was not in force when a registration in beneficiary form was made is

nevertheless presumed to be valid and authorized as a matter of contract law.
N.D. Cent. Code § 30.1-08.2-08 — ND Code / Title 30.1 / Chapter 30.1-08.2 / Section 30.1-08.2-08
30.1-08.2-08. (2-1009) Persons authorized to act in relation to international will - Eligibility - Recognition by authorizing agency
Status: in_force

30.1-08.2-08. (2-1009) Persons authorized to act in relation to international will -

Eligibility - Recognition by authorizing agency.

Individuals who have been admitted to practice law before the courts of this state and are

currently licensed so to do are authorized persons in relation to international wills.
N.D. Cent. Code § 30.1-32.1-02 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-02
30.1-32.1-02. Transfer on death deed authorized
Status: in_force

30.1-32.1-02. Transfer on death deed authorized

An individual may transfer property to one or more beneficiaries effective at the transferor's

death by a transfer on death deed.
N.D. Cent. Code § 30.1-37-05 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-05
30.1-37-05. Revocation
Status: in_force

30.1-37-05. Revocation

1. An electronic will may revoke all or part of a previous will.

2. All or part of an electronic will is revoked by:

a. A subsequent will that revokes all or part of the electronic will expressly or by

inconsistency; or

b. A physical act, if it is established by a preponderance of the evidence that the

testator, with the intent of revoking all or part of the will, performed the act or

directed another individual who performed the act in the testator's physical

presence.
N.D. Cent. Code § 30.1-08-01 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-01
30.1-08-01. (2-501) Who may make a will
Status: in_force

30.1-08-01. (2-501) Who may make a will

Any adult who is of sound mind may make a will.
N.D. Cent. Code § 30.1-18-02 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-02
30.1-18-02. (3-702) Priority among different letters
Status: in_force

30.1-18-02. (3-702) Priority among different letters

A person to whom general letters are issued first has exclusive authority under the letters

until the appointment is terminated or modified. If, through error, general letters are afterward

issued to another, the first appointed representative may recover any property of the estate in

the hands of the representative subsequently appointed, but the acts of the latter done in good

faith before notice of the first letters are not void for want of validity of appointment.
N.D. Cent. Code § 30.1-03-01 — ND Code / Title 30.1 / Chapter 30.1-03 / Section 30.1-03-01
30.1-03-01. (1-401) Notice - Method and time of giving
Status: in_force

30.1-03-01. (1-401) Notice - Method and time of giving

1. If notice of a hearing on any petition is required and, except for specific notice

requirements as otherwise provided, the petitioner shall cause notice of the time and

place of hearing of any petition to be given to any interested person or the interested

person's attorney if the interested person has appeared by attorney or requested that

notice be sent to the interested person's attorney. Notice shall be given:

a. By mailing a copy thereof at least fourteen days before the time set for the

hearing by certified or ordinary first-class mail addressed to the person being

notified at the post-office address given in that person's demand for notice, if any,

or at that person's office or place of residence, if known;

b. By delivering a copy thereof to the person being notified personally at least

fourteen days before the time set for the hearing; or

c. If the address, or identity of any person is not known and cannot be ascertained

with reasonable diligence, by publishing at least once a week for three

consecutive weeks, a copy thereof in a newspaper having general circulation in

the county where the hearing is to be held, the last publication of which is to be at

least ten days before the time set for the hearing.

2. The court for good cause shown may provide for a different method or time of giving

notice for any hearing.

3. Proof of the giving of notice shall be made on or before the hearing and filed in the

proceeding.
N.D. Cent. Code § 30.1-13-03 — ND Code / Title 30.1 / Chapter 30.1-13 / Section 30.1-13-03
30.1-13-03. (3-203) Priority among persons seeking appointment as personal representative
Status: in_force

30.1-13-03. (3-203) Priority among persons seeking appointment as personal

representative.

1. Whether the proceedings are formal or informal, persons who are not disqualified have

priority for appointment in the following order:

a. The person with priority as determined by a probated will, including a person

nominated by a power conferred in a will.

b. The surviving spouse of the decedent who is a devisee of the decedent.

c. Other devisees of the decedent.

d. The surviving spouse of the decedent.

e. Other heirs of the decedent.

f. The guardian or conservator of the decedent at the time of the decedent's death.

g. A trust company.

h. Forty-five days after the death of the decedent, any creditor.

2. An objection to an appointment can be made only in formal proceedings. In case of

objection the priorities stated in subsection 1 apply, except that:

a. If the estate appears to be more than adequate to meet exemptions and costs of

administration but inadequate to discharge anticipated unsecured claims, the

court, on petition of creditors, may appoint any qualified person; or

b. In case of objection to appointment of a person other than one whose priority is

determined by will by an heir or devisee appearing to have a substantial interest

in the estate, the court may appoint a person who is acceptable to heirs and

devisees whose interests in the estate appear to be worth in total more than half

of the probable distributable value, or, in default of this accord, any suitable

person.

3. A person entitled to letters under subdivisions b through e of subsection 1 may

nominate a qualified person to act as personal representative. Any person may

renounce the person's right to nominate or to an appointment by appropriate writing

filed with the court. When two or more persons share a priority, those who do not

renounce must concur in nominating another to act for them, or in applying for

appointment.

4. Conservators of the estates of protected persons, or if there is no conservator, any

guardian except a guardian ad litem of a minor or incapacitated person, may exercise

the same right to nominate, to object to another's appointment, or to participate in

determining the preference of a majority in interest of the heirs and devisees that the

protected person or ward would have if qualified for appointment.

5. Appointment of one who does not have priority, including priority resulting from

renunciation or nomination determined pursuant to this section, may be made only in

formal proceedings. Before appointing one without priority, the court must determine

that those having priority, although given notice of the proceedings, have failed to

request appointment or to nominate another for appointment, and that administration is

necessary.

6. No person is qualified to serve as a personal representative who is:

a. Under the age of eighteen; or

b. A person whom the court finds unsuitable in formal proceedings.

7. A personal representative appointed by a court of the decedent's domicile has priority

over all other persons except in cases in which the decedent's will nominates different

persons to be personal representative in this state and in the state of domicile. The

domiciliary personal representative may nominate another, who shall have the same

priority as the domiciliary personal representative.

8. This section governs priority for appointment of a successor personal representative

but does not apply to the selection of a special administrator.
N.D. Cent. Code § 30.1-07-02 — ND Code / Title 30.1 / Chapter 30.1-07 / Section 30.1-07-02
30.1-07-02. (2-404) Family allowance
Status: in_force

30.1-07-02. (2-404) Family allowance

1. In addition to the right to homestead allowance and exempt property, the decedent's

surviving spouse and minor children whom the decedent was obligated to support and

children who were in fact being supported by the decedent are entitled to a reasonable

allowance in money out of the estate for their maintenance during the period of

administration, which allowance may not continue for longer than one year if the estate

is inadequate to discharge allowed claims. The allowance may be paid as a lump sum

or in periodic installments. It is payable to the surviving spouse, if living, for the use of

the surviving spouse and minor and dependent children; otherwise to the children, or

persons having their care and custody. If a minor child or dependent child is not living

with the surviving spouse, the allowance may be made partially to the child or the

child's guardian or other person having the child's care and custody, and partially to

the spouse, as their needs may appear. The family allowance is exempt from and has

priority over all claims except the homestead allowance.

2. The family allowance is not chargeable against any benefit or share passing to the

surviving spouse or children by the will of the decedent, unless otherwise provided, by

intestate succession or by way of elective share. The death of any person entitled to

family allowance terminates the right to allowances not yet paid.
N.D. Cent. Code § 30.1-01-03 — ND Code / Title 30.1 / Chapter 30.1-01 / Section 30.1-01-03
30.1-01-03. (1-106) Effect of fraud and evasion
Status: in_force

30.1-01-03. (1-106) Effect of fraud and evasion

Whenever fraud has been perpetrated in connection with any proceeding or in any

statement filed under this title, or if fraud is used to avoid or circumvent the provisions or

purposes of this title, any person injured thereby may obtain appropriate relief against the

perpetrator of the fraud or restitution from any person, other than a bona fide purchaser,

benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within

two years after the discovery of the fraud, but no proceeding may be brought against one not a

perpetrator of the fraud later than five years after the time of commission of the fraud. This

section has no bearing on remedies relating to fraud practiced on a decedent during the

decedent's lifetime which affects the succession of the decedent's estate.
N.D. Cent. Code § 30.1-29-16 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-16
30.1-29-16. (5-416) Petitions for orders subsequent to appointment
Status: in_force

30.1-29-16. (5-416) Petitions for orders subsequent to appointment

1. Any person interested in the welfare of a person for whom a conservator has been

appointed may file a petition in the appointing court for an order:

a. Requiring bond or security or additional bond or security, or reducing bond;

b. Requiring an accounting for the administration of the trust;

c. Directing distribution;

d. Removing the conservator and appointing a temporary or successor conservator;

or

e. Granting other appropriate relief.

2. A conservator may petition the appointing court for instructions concerning the

conservator's fiduciary responsibility.

3. Upon notice and hearing, the court may give appropriate instructions or make any

appropriate order.
N.D. Cent. Code § 30.1-31-20 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-20
30.1-31-20. (6-227) Setoff
Status: in_force

30.1-31-20. (6-227) Setoff

Without qualifying any other statutory right to setoff or lien and subject to any contractual

provision, if a party is indebted to a financial institution, the financial institution has a right to

setoff against the account. The amount of the account subject to setoff is the proportion to which

the party is, or immediately before death was, beneficially entitled under section 30.1-31-08 or,

in the absence of proof of that proportion, an equal share with all parties.
N.D. Cent. Code § 30.1-24-06 — ND Code / Title 30.1 / Chapter 30.1-24 / Section 30.1-24-06
30.1-24-06. (4-205) Powers
Status: in_force

30.1-24-06. (4-205) Powers

A domiciliary foreign personal representative who has complied with section 30.1-24-05

may exercise, as to assets in this state, all powers of a local personal representative and may

maintain actions and proceedings in this state subject to any conditions imposed upon

nonresident parties generally.
N.D. Cent. Code § 30.1-10.1-08 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-08
30.1-10.1-08. (2-1111) Disclaimer of powers held in fiduciary capacity
Status: in_force

30.1-10.1-08. (2-1111) Disclaimer of powers held in fiduciary capacity

1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been

exercised, the disclaimer takes effect as of the time the instrument creating the power

becomes irrevocable.

2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised,

the disclaimer takes effect immediately after the last exercise of the power.

3. A disclaimer under this section is effective as to other fiduciaries if the disclaimer so

provides and the fiduciary disclaiming has the authority to bind the estate, trust, or

other person for whom the fiduciary is acting.
N.D. Cent. Code § 30.1-23-05 — ND Code / Title 30.1 / Chapter 30.1-23 / Section 30.1-23-05
30.1-23-05. Will searches, burial documents procurement, and inventory of contents
Status: in_force

30.1-23-05. Will searches, burial documents procurement, and inventory of contents

1. Upon being furnished with satisfactory proof of death of a sole lessee or the last

surviving co-lessee of a safe deposit box, the safe deposit company may open the box

for an individual who appears in person and furnishes an affidavit stating the following:

a. The box may contain the will or deed to a burial lot or a document containing

instructions for the burial of the lessee or that the box may contain property

belonging to the estate of the lessee;

b. The individual is an interested person and wishes to open the box:

(1) To conduct a will search;

(2) To obtain a document required to facilitate the lessee's wishes regarding

body, funeral, or burial arrangements; or

(3) To make an inventory of the contents of the box; and

c. There has been no application for or appointment of a personal representative or

administrator for the decedent's estate.

2. The safe deposit company may not open the box under this section if it has received a

copy of letters from the representative of the deceased lessee's estate or other

applicable court order.

3. The safe deposit company need not open the box if the lessee's key or combination is

not available.

4. For purposes of this section, the term "interested person" means:

a. A person named as personal representative in a purported will of the lessee;

b. A person who immediately prior to the death of the lessee had the right of access

to the box;

c. The surviving spouse of the lessee;

d. A devisee of the lessee;

e. An heir of the lessee; or

f. A person designated by the lessee in a writing acceptable to the safe deposit

company which is filed with the safe deposit company before death.

5. The safe deposit company need not ascertain the truth of any statement in the affidavit

required to be furnished under this section, and when acting in reliance upon an

affidavit, it is discharged as if it dealt with the personal representative of the lessee.

The safe deposit company is not responsible for the adequacy of the description of

any property included in an inventory of the contents of a safe deposit box, nor for

conversion of the property in connection with actions performed under this section,

except for conversion by intentional acts of the company or its employees, directors,

officers, or agents. If the safe deposit company is not satisfied that the requirements of

this section have been met, it may decline to open the box.

6. No contents of a box other than a will and a document required to facilitate the

lessee's wishes regarding body, funeral, or burial arrangements may be removed

pursuant to this section.
N.D. Cent. Code § 30.1-08-04 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-04
30.1-08-04. (2-504) Self-proved will
Status: in_force

30.1-08-04. (2-504) Self-proved will

1. A will that is executed with attesting witnesses may be simultaneously executed,

attested, and made self-proved, by acknowledgment thereof by the testator and

affidavits of the witnesses, each made before an officer authorized to administer oaths

under the laws of the state in which execution occurs and evidenced by the officer's

certificate, under official seal, attached or annexed to the will in substantially the

following form:

STATE OF _____________________

COUNTY OF ____________________

I, ______________________, the testator, sign my name to this instrument this

__________ day of ______, _____, and being first sworn, declare to the undersigned

authority that I sign and execute this instrument as my will and that I sign it willingly or

willingly direct another to sign for me, that I execute it as my free and voluntary act for

the purposes therein expressed, and that I am 18 years of age or older, of sound mind,

and under no constraint or undue influence.

______________________________

Testator

We, _________________, __________________, the witnesses, sign our names

to this instrument, and being first sworn, declare to the undersigned authority that the

testator signs and executes this instrument as the testator's will and that the testator

signs it willingly or willingly directs another to sign for the testator, and that each of us,

in the presence and hearing of the testator, signs this will as witness to the testator's

signing, and that to the best of our knowledge the testator is 18 years of age or older,

of sound mind, and under no constraint or undue influence.

______________________________

Witness

______________________________

Witness

Subscribed, sworn to, and acknowledged before me by __________, the testator,

and subscribed and sworn to before me by _________ and _________, witnesses,

this ________ day of ________________.

(SEAL) (Signed)______________________________

______________________________

(Official capacity of officer)

2. A will that is executed with attesting witnesses may at any time after its execution be

made self-proved, by the acknowledgment thereof by the testator and the affidavits of

the witnesses, each made before an officer authorized to administer oaths under the

laws of the state in which the acknowledgment occurs and evidenced by the officer's

certificate, under the official seal, attached or annexed to the will in substantially the

following form:

STATE OF _____________________

COUNTY OF ___________________

We, ___________, ___________, and ___________, the testator and the

witnesses, respectively, whose names are signed to the attached or foregoing

instrument, being first duly sworn, do hereby declare to the undersigned authority that

the testator signed and executed the instrument as the testator's will and that the

testator had signed willingly or willingly directed another to sign for the testator, and

that the testator executed it as the testator's free and voluntary act for the purposes

therein expressed; and that each of the witnesses, in the presence and hearing of the

testator, signed the will as witness and that to the best of our knowledge the testator

was at that time 18 years of age or older, of sound mind, and under no constraint or

undue influence.

______________________________

Testator

______________________________

Witness

______________________________

Witness

Subscribed, sworn to, and acknowledged before me by _______________, the

testator, and subscribed and sworn to before me by ___________ and ___________,

witnesses, this __________ day of _________, ______.

(SEAL) (Signed)______________________________

______________________________

(Official capacity of officer)

3. A signature affixed to a self-proving affidavit attached to a will is considered a

signature affixed to the will, if necessary to prove the will's due execution.
N.D. Cent. Code § 30.1-08-11 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-11
30.1-08-11. (2-511) Testamentary additions to trusts
Status: reserved

30.1-08-11. (2-511) Testamentary additions to trusts

1. A will may validly devise property to the trustee of a trust established or to be

established during the testator's lifetime by the testator, by the testator and some other

person, or by some other person including a funded or unfunded life insurance trust,

although the trustor has reserved any or all rights of ownership of the insurance

contracts, or at the testator's death by the testator's devise to the trustee, if the trust is

identified in the testator's will and its terms are set forth in a written instrument, other

than a will, executed before, or concurrently with, or after the execution of the

testator's will or in another individual's will if that other individual has predeceased the

testator, regardless of the existence, size, or character of the corpus of the trust. The

devise is not invalid because the trust is amendable or revocable, or because the trust

was amended after the execution of the will or the testator's death.

2. Unless the testator's will provides otherwise, property devised to a trust described in

subsection 1:

a. Is not held under a testamentary trust of the testator but becomes a part of the

trust to which it is devised.

b. Must be administered and disposed of in accordance with the provisions of the

governing instrument setting forth the terms of the trust, including any

amendments thereto made before or after the testator's death.

3. Unless the testator's will provides otherwise, a revocation or termination of the trust

before the testator's death causes the devise to lapse.
N.D. Cent. Code § 30.1-10.1-10 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-10
30.1-10.1-10. (2-1113) When disclaimer barred or limited
Status: in_force

30.1-10.1-10. (2-1113) When disclaimer barred or limited

1. A disclaimer is barred by a written waiver of the right to disclaim.

2. A disclaimer of an interest in property is barred if before the disclaimer becomes

effective the disclaimant accepts the interest sought to be disclaimed; the disclaimant

voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to

be disclaimed or makes a contract to do so; or, a judicial sale of the interest sought to

be disclaimed occurs.

3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary

capacity is not barred by its previous exercise.

4. A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary

capacity is not barred by its past exercise unless the power is exercisable in favor of

the disclaimant.

5. A disclaimer is barred or limited if so provided by law other than this chapter.

6. A disclaimer of a power over property which is barred by this section is ineffective. A

disclaimer of an interest in property which is barred by this section takes effect as a

transfer of the interest disclaimed to the persons who would have taken the interest

under this chapter had the disclaimer not been barred.

7. Notwithstanding any other provision of this chapter, if as a result of a disclaimer or

transfer the disclaimed or transferred interest is treated pursuant to the provisions of

title 26 of the United States Code or regulations promulgated under that title, as never

having been transferred to the disclaimant, then the disclaimer or transfer is effective

as a disclaimer under this chapter.
N.D. Cent. Code § 30.1-29-30 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-30
30.1-29-30. (5-430) Termination of proceeding
Status: in_force

30.1-29-30. (5-430) Termination of proceeding

The protected person, the protected person's personal representative, the conservator, or

any other interested person may petition the court to terminate the conservatorship. A protected

person seeking termination is entitled to the same rights and procedures as in an original

proceeding for a protective order. The court, upon determining, after notice and hearing, that the

minority or disability of the protected person has ceased, may terminate the conservatorship.

Upon termination, title to assets of the estate passes to the former protected person or to the

protected person's successors subject to provision in the order for expenses of administration or

to conveyances from the conservator to the former protected person or the former protected

person's successors to evidence the transfer.
N.D. Cent. Code § 30.1-19-11 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-11
30.1-19-11. (3-811) Counterclaims
Status: in_force

30.1-19-11. (3-811) Counterclaims

In allowing a claim the personal representative may deduct any counterclaim which the

estate has against the claimant. In determining a claim against an estate, a court shall reduce

the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the

claim, render a judgment against the claimant in the amount of the excess. A counterclaim,

liquidated or unliquidated, may arise from a transaction other than that upon which the claim is

based. A counterclaim may give rise to relief exceeding in amount or different in kind from that

sought in the claim.
N.D. Cent. Code § 30.1-31-29 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-29
30.1-31-29. (6-309) Nontestamentary transfer on death
Status: in_force

30.1-31-29. (6-309) Nontestamentary transfer on death

1. A transfer on death resulting from a registration in beneficiary form is effective by

reason of the contract regarding the registration between the owner and the registering

entity and sections 30.1-31-21 through 30.1-31-30 and is not testamentary.

2. Sections 30.1-31-21 through 30.1-31-30 do not limit the rights of creditors of security

owners against beneficiaries and other transferees under other laws of this state.
N.D. Cent. Code § 30.1-27-05 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-05
30.1-27-05. (5-205) Jurisdiction and venue
Status: in_force

30.1-27-05. (5-205) Jurisdiction and venue

1. The district court where the will is probated has exclusive jurisdiction over the following

procedures that are governed by this chapter:

a. To approve the acceptance of a testamentary appointment of a guardian; and

b. To transfer a case to juvenile court in the event of an objection to the

testamentary appointment under section 30.1-27-07.

2. The juvenile court under chapter 27-20.1 has exclusive original jurisdiction over

proceedings to consider objections to the testamentary appointment under

section 30.1-27-07 and over the court appointment of a guardian of a minor except the

appointment of a guardian for a minor becoming an incapacitated adult under section
N.D. Cent. Code § 30.1-14-08 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-08
30.1-14-08. (3-308) Informal appointment proceedings - Proof and findings required
Status: in_force

30.1-14-08. (3-308) Informal appointment proceedings - Proof and findings required

1. In informal appointment proceedings, the court shall determine whether:

a. The application for informal appointment of a personal representative is complete.

b. The applicant has made oath or affirmation that the statements contained in the

application are true to the best of the applicant's knowledge and belief.

c. The applicant appears from the application to be an interested person as defined

in section 30.1-01-06.

d. On the basis of the statements in the application, venue is proper.

e. Any will to which the requested appointment relates has been formally or

informally probated, but this requirement does not apply to the appointment of a

special administrator.

f. Any notice required by section 30.1-13-04 has been given.

g. From the statements in the application, the person whose appointment is sought

has priority entitling the person to the appointment.

2. Unless section 30.1-17-12 controls, the application must be denied if it indicates that a

personal representative who has not filed a written statement of resignation as

provided in subsection 3 of section 30.1-17-10 has been appointed in this or another

county of this state, that, unless the applicant is the domiciliary personal representative

or the representative's nominee, the decedent was not domiciled in this state and that

a personal representative whose appointment has not been terminated has been

appointed by a court in the state of domicile or that other requirements of this section

have not been met.
N.D. Cent. Code § 30.1-27-08 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-08
30.1-27-08. (5-208) Acceptance of appointment
Status: in_force

30.1-27-08. (5-208) Acceptance of appointment

By accepting a testamentary appointment as guardian, a guardian submits personally to the

jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by

any interested person.
N.D. Cent. Code § 30.1-31-04 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-04
30.1-31-04. (6-203) Types of account - Existing accounts
Status: in_force

30.1-31-04. (6-203) Types of account - Existing accounts

1. An account may be for a single party or multiple parties. A multiple-party account may

be with or without a right of survivorship between the parties. Subject to subsection 3

of section 30.1-31-09, either a single-party account or a multiple-party account may

have a P.O.D. designation, an agency designation, or both.

2. An account established before, on, or after the effective date of sections 30.1-31-02

through 30.1-31-20, whether in the form prescribed in section 30.1-31-05 or in any

other form, is either a single-party account or a multiple-party account, with or without

right of survivorship, and with or without a P.O.D. designation or an agency

designation, within the meaning of sections 30.1-31-02 through 30.1-31-20, and is

governed by sections 30.1-31-02 through 30.1-31-20.
N.D. Cent. Code § 30.1-15-07 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-07
30.1-15-07. (3-407) Formal testacy proceedings - Burdens in contested cases
Status: in_force

30.1-15-07. (3-407) Formal testacy proceedings - Burdens in contested cases

In contested cases, petitioners who seek to establish intestacy have the burden of

establishing prima facie proof of death, venue, and heirship. Proponents of a will have the

burden of establishing prima facie proof of due execution in all cases, and, if they are also

petitioners, prima facie proof of death and venue. Contestants of a will have the burden of

establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake,

revocation, or other cause affecting its validity. Parties have the ultimate burden of persuasion

as to matters with respect to which they have the initial burden of proof. If a will is opposed by

the petition for probate of a later will revoking the former, it shall be determined first whether the

later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy,

it shall be determined first whether the will is entitled to probate.
N.D. Cent. Code § 30.1-32.1-13 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-13
30.1-32.1-13. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

30.1-32.1-13. Relation to Electronic Signatures in Global and National Commerce Act

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 § 30.1-28-02 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-02
30.1-28-02. (5-302) Venue
Status: in_force

30.1-28-02. (5-302) Venue

The venue for guardianship proceedings for a proposed ward is in the place where the

proposed ward resides or is present and expected to remain during the pendency of the

proceedings. Notwithstanding section 30.1-02-03, the proposed ward may demand change of

venue to either the county of residence or the county where the proposed ward is present. The

court shall grant the demand if it is filed and served upon the petitioner more than three days

before the hearing. If the demand is filed within three days of the hearing, the court may grant

the demand upon good cause shown.
N.D. Cent. Code § 30.1-31-19 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-19
30.1-31-19. (6-226) Discharge
Status: in_force

30.1-31-19. (6-226) Discharge

1. Payment made pursuant to sections 30.1-31-02 through 30.1-31-20 in accordance

with the terms of the account discharges the financial institution from all claims for

amounts so paid, whether or not the payment is consistent with the beneficial

ownership of the account as between parties, beneficiaries, or their successors.

Payment may be made whether or not a party, beneficiary, or agent is disabled,

incapacitated, or deceased when payment is requested, received, or made.

2. Protection under this section does not extend to payments made after a financial

institution has received written notice from a party, or from the personal representative,

surviving spouse, or heir or devisee of a deceased party, to the effect that payments in

accordance with the terms of the account, including one having an agency

designation, should not be permitted, and the financial institution has had a reasonable

opportunity to act on it when the payment is made. Unless the notice is withdrawn by

the person giving it, the successor of any deceased party must concur in a request for

payment if the financial institution is to be protected under this section. Unless a

financial institution has been served with process in an action or proceeding, no other

notice or other information shown to have been available to the financial institution

affects its right to protection under this section.

3. A financial institution that receives written notice pursuant to this section or otherwise

has reason to believe that a dispute exists as to the rights of the parties may refuse,

without liability, to make payments in accordance with the terms of the account.

4. Protection of a financial institution under this section does not affect the rights of

parties in disputes between themselves or their successors concerning the beneficial

ownership of sums on deposit in accounts or payments made from accounts.
N.D. Cent. Code § 30.1-21-03 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-03
30.1-21-03. (3-1003) Closing estates - By sworn statement of personal representative
Status: in_force

30.1-21-03. (3-1003) Closing estates - By sworn statement of personal representative

1. Unless prohibited by order of the court and except for estates being administered in

supervised administration proceedings, a personal representative may close an estate

by filing with the court a verified statement stating that the personal representative, or

a prior personal representative whom the personal representative has succeeded, has:

a. Fully administered the estate of the decedent by making payment, settlement, or

other disposition of all claims that were presented, expenses of administration,

and estate, inheritance, and other death taxes, except as specified in the

statement, and by distributing the assets of the estate to the persons entitled. If

any claims remain undischarged, the statement must state whether the personal

representative has distributed the estate subject to possible liability with the

agreement of the distributees or the statement must state in detail other

arrangements that have been made to accommodate outstanding liabilities.

b. Sent a copy thereof to all distributees of the estate and to all creditors or other

claimants of whom the personal representative is aware whose claims are neither

paid nor barred and has furnished a full account in writing of the personal

representative's administration to the distributees whose interests are affected

thereby.

If the personal representative has published and mailed notice to creditors as provided

by section 30.1-19-01, the personal representative may not file the verified statement

until three months after the date of the first publication and mailing.

2. If no proceedings involving the personal representative are pending in the court one

year after the closing statement is filed, the appointment of the personal representative

terminates.
N.D. Cent. Code § 30.1-28-09.1 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-09.1
30.1-28-09.1. Notices in guardianship proceedings subsequent to appointment
Status: in_force

30.1-28-09.1. Notices in guardianship proceedings subsequent to appointment

Notice in a guardianship proceeding subsequent to appointment of a guardian must be

given to the parties, the conservator, if any, the ward, and any interested persons designated in

the order of the court.
N.D. Cent. Code § 30.1-31-14 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-14
30.1-31-14. (6-221) Authority of financial institution
Status: in_force

30.1-31-14. (6-221) Authority of financial institution

A financial institution may enter into a contract of deposit for a multiple-party account to the

same extent it may enter into a contract of deposit for a single-party account, and may provide

for a P.O.D. designation and an agency designation in either a single-party account or a

multiple-party account. A financial institution need not inquire as to the source of a deposit to an

account or as to the proposed application of a payment from an account.
N.D. Cent. Code § 30.1-31-24 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-24
30.1-31-24. (6-304) Origination of registration in beneficiary form
Status: in_force

30.1-31-24. (6-304) Origination of registration in beneficiary form

A security, whether evidenced by certificate or account, is registered in beneficiary form

when the registration includes a designation of a beneficiary to take the ownership at the death

of the owner or the deaths of all multiple owners.
N.D. Cent. Code § 30.1-29-15 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-15
30.1-29-15. (5-415) Death, resignation, or removal of conservator
Status: in_force

30.1-29-15. (5-415) Death, resignation, or removal of conservator

1. The court may remove a conservator for good cause, upon notice and hearing, or

accept the resignation of a conservator. After a conservator's death, resignation, or

removal, the court may appoint another conservator. A conservator so appointed

succeeds to the title and powers of the predecessor.

2. The court may order a conservator to be listed on a registry if the court removed the

conservator for good cause. A conservator listed on the registry is disqualified from

acting as a conservator in any conservatorship proceeding. The court shall send a

copy of the order to the state court administrator, who shall maintain and administer

the registry. This subsection does not apply to a licensed conservator. For purposes of

this subsection, a licensed conservator includes a conservator whose license has

been suspended but excludes a conservator whose license is revoked.
N.D. Cent. Code § 30.1-20-15 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-15
30.1-20-15. (3-915) Distribution to person under disability
Status: in_force

30.1-20-15. (3-915) Distribution to person under disability

1. A personal representative may discharge the personal representative's obligation to

distribute to any person under legal disability by distributing in a manner expressly

provided in the will.

2. Unless contrary to an express provision in the will, the personal representative may

discharge the personal representative's obligation to distribute to a minor or to a

person under other disability by distributing to the distributor's attorney in fact. If the

personal representative knows that a conservator has been appointed or that a

proceeding for appointment of a conservator is pending, the personal representative is

authorized to distribute only to the conservator.

3. If the heir or devisee is under disability other than minority, the personal representative

is authorized to distribute to any of the following:

a. An attorney in fact who has authority under a power of attorney to receive

property for that person.

b. The spouse, parent, or other close relative with whom the person under disability

resides, if the distribution is of an amount or value not exceeding ten thousand

dollars per year, unless the court authorizes a larger amount or greater value.

Persons receiving money or property for a disabled person are obligated to apply the

money or property to the support of that person, but may not pay themselves except

by way of reimbursement for out-of-pocket expenses for goods and services

necessary for the support of the disabled person. Excess sums must be preserved for

future support of the disabled person. The personal representative is not responsible

for the proper application of money or property distributed under this subsection.
N.D. Cent. Code § 30.1-20-10 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-10
30.1-20-10. (3-910) Purchasers from distributees protected
Status: in_force

30.1-20-10. (3-910) Purchasers from distributees protected

If property distributed in kind or a security interest therein is acquired for value by a

purchaser from or lender to a distributee who has received an instrument or deed of distribution

from the personal representative, or is so acquired by a purchaser from or lender to a transferee

of the distributee, the purchaser or lender takes title free of any right of an interested person in

the estate and incurs no personal liability to the estate, or to any interested person, whether or

not the distribution was proper or supported by court order or the authority of the personal

representative was terminated before execution of the instrument or deed. This section protects

a purchaser from or lender to a distributee who, as personal representative, has executed a

deed of distribution to the personal representative, and a purchaser from or lender to any other

distributee or the distributee's transferee. To be protected under this provision, a purchaser or

lender need not inquire whether a personal representative acted properly in making the

distribution in kind, even if the personal representative and the distributee are the same person,

or whether the authority of the personal representative had terminated before the distribution.
N.D. Cent. Code § 30.1-37-01 — ND Code / Title 30.1 / Chapter 30.1-37 / Section 30.1-37-01
30.1-37-01. Definitions
Status: in_force

30.1-37-01. Definitions

As used in this chapter:

1. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,

optical, electromagnetic, or similar capabilities.

2. "Electronic will" means a will executed electronically in compliance with subsection 1 of

section 30.1-37-04.

3. "Record" means information inscribed on a tangible medium or stored in an electronic

or other medium and is retrievable in perceivable form.

4. "Sign" means, with present intent to authenticate or adopt a record to:

a. Execute or adopt a tangible symbol; or

b. Affix to or logically associate with the record an electronic symbol or process.

5. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes a federally recognized Indian tribe.

6. "Will" includes a codicil and any testamentary instrument that merely appoints an

executor, revokes or revises another will, nominates a guardian, or expressly excludes

or limits the right of an individual or class to succeed to property of the decedent

passing by intestate succession.
N.D. Cent. Code § 30.1-05-08 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-08
30.1-05-08. (2-214) Protection of payers and other third parties
Status: in_force

30.1-05-08. (2-214) Protection of payers and other third parties

1. Although under section 30.1-05-02 a payment, item of property, or other benefit is

included in the decedent's nonprobate transfers to others, a payer or other third party

is not liable for having made a payment or transferred an item of property or other

benefit to a beneficiary designated in a governing instrument, or for having taken any

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

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

received written notice from the surviving spouse or spouse's representative of an

intention to file a petition for the elective share or that a petition for the elective share

has been filed. A payer or other third party is liable only for actions taken two or more

business days after the payer or other third party received written notice of an intention

to file a petition for the elective share or that a petition for the elective share has been

filed. The written notice must indicate the name of the decedent, the date of the

decedent's death, the name of the person asserting an interest, the nature of the

payment or item of property or other benefit, and a statement that the spouse intends

to file a petition for the elective share or that a petition for the elective share has been

filed. Any form of service of notice other than that described in subsection 2 is not

sufficient to impose liability on a payer or other third party for actions taken pursuant to

the governing instrument.

2. The written notice 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 third party in the same manner

as a summons in a civil action. Notice to a sales representative of the payer or other

third party does not constitute notice to the payer or other third party. Upon receipt of

written notice of intention to file a petition for the elective share or that a petition for the

elective share has been filed, 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 availability of an action under this section does not prevent the payer or

other third party from taking any other 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 any such payment, transfer,

or deposit with the court, even if no probate proceedings have been commenced

before the payment, transfer, or deposit. The court shall hold the funds or items of

property and, upon its determination under subsection 4 of section 30.1-05-05, shall

order disbursement in accordance with the determination. If no petition is filed in the

court within the specified time under subsection 1 of section 30.1-05-05, or, if filed, the

demand for an elective share is withdrawn under subsection 3 of section 30.1-05-05,

the court shall order disbursement to the designated beneficiary. 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 under the governing instrument or applicable law for the value of amounts paid

to or items of property transferred to or deposited with the court.

3. Upon petition to the court by the beneficiary designated in a governing instrument, the

court may order that all or part of the property be paid to the beneficiary in an amount

and subject to conditions consistent with this section.
N.D. Cent. Code § 30.1-18-14 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-14
30.1-18-14. (3-714) Persons dealing with personal representative - Protection
Status: in_force

30.1-18-14. (3-714) Persons dealing with personal representative - Protection

A person who in good faith either assists a personal representative or deals with the

personal representative for value is protected as if the personal representative properly

exercised the personal representative's power. The fact that a person knowingly deals with a

personal representative does not alone require the person to inquire into the existence of a

power or the propriety of its exercise. Except for restrictions on powers of supervised personal

representatives which are endorsed on letters as provided in section 30.1-16-04, no provision in

any will or order of court purporting to limit the power of a personal representative is effective

except as to persons with actual knowledge thereof. A person is not bound to see to the proper

application of estate assets paid or delivered to a personal representative. The protection here

expressed extends to instances in which some procedural irregularity or jurisdictional defect

occurred in proceedings leading to the issuance of letters, including a case in which the alleged

decedent is found to be alive. The protection here expressed is not in substitution for that

provided by comparable provisions of the laws relating to commercial transactions and laws

simplifying transfers of securities by fiduciaries.
N.D. Cent. Code § 30.1-29-18 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-18
30.1-29-18. (5-418) Inventory and records
Status: in_force

30.1-29-18. (5-418) Inventory and records

Within ninety days after appointment, every conservator shall prepare and file with the

appointing court a complete inventory of the estate of the protected person together with the

conservator's oath or affirmation that it is complete and accurate so far as the conservator is

informed. The conservator shall provide a copy to those identified in section 30.1-29-05.1. The

conservator shall keep suitable records of the conservator's administration and exhibit the same

on request of any interested person.
N.D. Cent. Code § 30.1-14-06 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-06
30.1-14-06. (3-306) Informal probate - Notice requirements
Status: in_force

30.1-14-06. (3-306) Informal probate - Notice requirements

The moving party must give notice, as described in section 30.1-03-01, of the moving

party's application for informal probate to any person demanding it pursuant to section

30.1-13-04, and to any personal representative of the decedent whose appointment has not

been terminated. No other notice of informal probate is required.
N.D. Cent. Code § 30.1-29-28 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-28
30.1-29-28. (5-428) Claims against protected person - Enforcement
Status: in_force

30.1-29-28. (5-428) Claims against protected person - Enforcement

1. A conservator must pay from the estate all just claims against the estate and against

the protected person arising before or after the conservatorship upon their

presentation and allowance. A claim may be presented by either of the following

methods:

a. The claimant may deliver or mail to the conservator a written statement of the

claim indicating its basis, the name and address of the claimant, and the amount

claimed.

b. The claimant may file a written statement of the claim, in the form prescribed by

rule, with the clerk of the court and deliver or mail a copy of the statement to the

conservator.

A claim is deemed presented on the first to occur of either receipt of the written

statement of claim by the conservator, or the filing of the claim with the court. A

presented claim is allowed if it is not disallowed by written statement mailed by the

conservator to the claimant within sixty days after its presentation. The presentation of

a claim tolls any statute of limitation relating to the claim until thirty days after its

disallowance.

2. A claimant whose claim has not been paid may petition the court for determination of

the claim at any time before it is barred by the applicable statute of limitation, and,

upon due proof, procure an order for its allowance and payment from the estate. If a

proceeding is pending against a protected person at the time of appointment of a

conservator or is initiated against the protected person thereafter, the moving party

must give notice of the proceeding to the conservator if the outcome is to constitute a

claim against the estate.

3. If it appears that the estate in conservatorship is likely to be exhausted before all

existing claims are paid, preference is to be given to prior claims for the care,

maintenance, and education of the protected person or the protected person's

dependents and existing claims for expenses of administration.
N.D. Cent. Code § 30.1-29-20 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-20
30.1-29-20. (5-420) Conservators - Title by appointment
Status: in_force

30.1-29-20. (5-420) Conservators - Title by appointment

The appointment of a conservator vests in the conservator title as trustee to all property of

the protected person, presently held or thereafter acquired, including title to any property

theretofore held for the protected person by custodians or attorneys in fact, or to the part thereof

specified in the order. An order specifying that only a part of the property of the protected person

vests in the conservator creates a limited conservatorship. The appointment of a conservator is

not a transfer or alienation within the meaning of general provisions of any federal or state

statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing

restrictions upon or penalties for transfer or alienation by the protected person of the protected

person's rights or interest, but this section does not restrict the ability of persons to make

specific provision by contract or dispositive instrument relating to a conservator.
N.D. Cent. Code § 30.1-15-11 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-11
30.1-15-11. (3-411) Formal testacy proceedings - Partial intestacy
Status: in_force

30.1-15-11. (3-411) Formal testacy proceedings - Partial intestacy

If it becomes evident in the course of a formal testacy proceeding that, though one or more

instruments are entitled to be probated, the decedent's estate is or may be partially intestate,

the court shall enter an order to that effect.
N.D. Cent. Code § 30.1-10.1-04 — ND Code / Title 30.1 / Chapter 30.1-10.1 / Section 30.1-10.1-04
30.1-10.1-04. (2-1107) Disclaimer of rights of survivorship in jointly held property
Status: in_force

30.1-10.1-04. (2-1107) Disclaimer of rights of survivorship in jointly held property

1. Upon the death of a holder of jointly held property, a surviving holder may disclaim in

whole or in part the greater of a fractional share of the property determined by dividing

the number one by the number of joint holders alive immediately before the death of

the holder to whose death the disclaimer relates or all of the property except that part

of the value of the entire interest attributable to the contribution furnished by the

disclaimant.

2. The disclaimer under subsection 1 takes effect as of the death of the holder to whose

death the disclaimer relates.

3. An interest disclaimed by a surviving holder of jointly held property passes as if the

person whose interest is being disclaimed predeceased the holder to whose death the

disclaimer relates.
N.D. Cent. Code § 30.1-18-12 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-12
30.1-18-12. (3-712) Improper exercise of power - Breach of fiduciary duty
Status: in_force

30.1-18-12. (3-712) Improper exercise of power - Breach of fiduciary duty

If the exercise of power concerning the estate is improper, the personal representative is

liable to interested persons for damage or loss resulting from breach of the personal

representative's fiduciary duty to the same extent as a trustee of an express trust. The rights of

purchasers and others dealing with a personal representative shall be determined as provided

in sections 30.1-18-13 and 30.1-18-14.
N.D. Cent. Code § 30.1-05-06 — ND Code / Title 30.1 / Chapter 30.1-05 / Section 30.1-05-06
30.1-05-06. (2-212) Right of election personal to surviving spouse - Incapacitated surviving spouse
Status: in_force

30.1-05-06. (2-212) Right of election personal to surviving spouse - Incapacitated

surviving spouse.

1. The right of election may be exercised only by a surviving spouse who is living when

the petition for the elective share is filed in the court under subsection 1 of section
N.D. Cent. Code § 30.1-08-12 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-12
30.1-08-12. (2-512) Events of independent significance
Status: in_force

30.1-08-12. (2-512) Events of independent significance

A will may dispose of property by reference to acts and events which have significance

apart from their effect upon the dispositions made by the will, whether they occur before or after

the execution of the will or before or after the testator's death. The execution or revocation of a

will of another person is such an event.
N.D. Cent. Code § 30.1-09-09 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-09
30.1-09-09. (2-607) Nonexoneration
Status: in_force

30.1-09-09. (2-607) Nonexoneration

A specific devise passes subject to any security interest existing at the date of death,

without right of exoneration, regardless of a general directive in the will to pay debts.
N.D. Cent. Code § 30.1-09.1-10 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-10
30.1-09.1-10. (2-710) Worthier-title doctrine abolished
Status: in_force

30.1-09.1-10. (2-710) Worthier-title doctrine abolished

The doctrine of worthier title is abolished as a rule of law and as a rule of construction.

Language in a governing instrument describing the beneficiaries of a disposition as the

transferor's "heirs", "heirs at law", "next of kin", "distributees", "relatives", "family", or language of

similar import does not create or presumptively create a reversionary interest in the transferor.
N.D. Cent. Code § 30.1-09-10 — ND Code / Title 30.1 / Chapter 30.1-09 / Section 30.1-09-10
30.1-09-10. (2-608) Exercise of power of appointment
Status: in_force

30.1-09-10. (2-608) Exercise of power of appointment

A general residuary clause in a will, or a will making general disposition of all of the

testator's property, does not exercise a power of appointment held by the testator unless

specific reference is made to the power or there is some other indication of intention to include

the property subject to the power.
N.D. Cent. Code § 30.1-17-01 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-01
30.1-17-01. (3-601) Qualification
Status: in_force

30.1-17-01. (3-601) Qualification

Prior to receiving letters, a personal representative shall qualify by filing with the appointing

court any required bond and a statement of acceptance of the duties of the office.
N.D. Cent. Code § 30.1-19-15 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-15
30.1-19-15. (3-815) Administration in more than one state - Duty of personal representative
Status: in_force

30.1-19-15. (3-815) Administration in more than one state - Duty of personal

representative.

1. All assets of estates being administered in this state are subject to all claims,

allowances, and charges existing or established against the personal representative

wherever appointed.

2. If the estate, either in this state or as a whole, is insufficient to cover all family

exemptions and allowances determined by the law of the decedent's domicile, prior

charges, and claims, after satisfaction of the exemptions, allowances, and charges,

each claimant whose claim has been allowed either in this state or elsewhere in

administrations of which the personal representative is aware, is entitled to receive

payment of an equal proportion of the claimant's claim. If a preference or security in

regard to a claim is allowed in another jurisdiction but not in this state, the creditor so

benefited is to receive dividends from local assets only upon the balance of the

creditor's claim after deducting the amount of the benefit.

3. In case the family exemptions and allowances, prior charges, and claims of the entire

estate exceed the total value of the portions of the estate being administered

separately, and this state is not the state of the decedent's last domicile, the claims

allowed in this state shall be paid their proportion if local assets are adequate for the

purpose, and the balance of local assets shall be transferred to the domiciliary

personal representative. If local assets are not sufficient to pay all claims allowed in

this state the amount to which they are entitled, local assets shall be marshalled so

that each claim allowed in this state is paid its proportion as far as possible, after

taking into account all dividends on claims allowed in this state from assets in other

jurisdictions.
N.D. Cent. Code § 30.1-02-07 — ND Code / Title 30.1 / Chapter 30.1-02 / Section 30.1-02-07
30.1-02-07. (1-310) Oath or affirmation on filed documents
Status: in_force

30.1-02-07. (1-310) Oath or affirmation on filed documents

Except as otherwise specifically provided in this title or by rule, every document filed with

the district court under this title, including applications, petitions, and demands for notice, is

deemed to include an oath, affirmation, or statement to the effect that its representations are

true as far as the person executing or filing it knows or is informed, and penalties for perjury

may follow deliberate falsification therein.
N.D. Cent. Code § 30.1-31-03 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-03
30.1-31-03. (6-202) Limitation on scope of sections 30.1-31-02 through 30.1-31-20
Status: in_force

30.1-31-03. (6-202) Limitation on scope of sections 30.1-31-02 through 30.1-31-20

Sections 30.1-31-03 through 30.1-31-20 do not apply to:

1. An account established for a partnership, joint venture, limited liability company, or

other organization for a business purpose;

2. An account controlled by one or more persons as an agent or trustee for a corporation,

limited liability company, unincorporated association, or charitable or civic organization;

or

3. A fiduciary or trust account in which the relationship is established other than by the

terms of the account.
N.D. Cent. Code § 30.1-28-09 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-09
30.1-28-09. (5-309) Notices in guardianship proceedings
Status: in_force

30.1-28-09. (5-309) Notices in guardianship proceedings

1. In a proceeding for the appointment of a guardian and, if notice is required, for the

appointment of an emergency guardian, notice of hearing shall be given by the

petitioning party, unless otherwise directed by the court, to each of the following:

a. The ward or the proposed ward and the ward's or proposed ward's spouse,

parents, and adult children;

b. Any person, corporation, or institution who is serving as the ward's guardian,

attorney in fact, representative payee for public benefits, or conservator, or who

has the ward's care and custody;

c. If no other person is notified under subdivision a, then the adult siblings and any

adult with whom the proposed ward resides in a private residence, or if none can

be found, any known adult relative; and

d. The attorney for the proposed ward, the visitor, and the expert examiner, together

with a copy of the respective order of appointment for each.

2. The petitioning party, unless otherwise directed by the court, shall cause notice to be

served personally on the ward or proposed ward, and the ward's or proposed ward's

spouse and parents if they can be found within the state. Notice to the spouse and

parents, if they cannot be found within the state, and to all other persons except the

ward or proposed ward must be given as provided in section 30.1-03-01.

3. The notice must be printed with not less than double-spaced twelve-point type. The

notice must inform the ward or proposed ward of the ward's or proposed ward's rights

at the hearing and must include a description of the nature, purpose, and

consequences of an appointment of a guardian.
N.D. Cent. Code § 30.1-28-13 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-13
30.1-28-13. (5-313) Proceedings subsequent to appointment - Venue
Status: in_force

30.1-28-13. (5-313) Proceedings subsequent to appointment - Venue

1. The court where the ward resides has concurrent jurisdiction with the court which

appointed the guardian, or in which acceptance of a testamentary appointment was

filed, over resignation, removal, accounting, and other proceedings relating to the

guardianship, including proceedings to limit the authority previously conferred on a

guardian, or to remove limitations previously imposed.

2. If the court located where the ward resides is not the court in which acceptance of

appointment is filed, the court in which proceedings subsequent to appointment are

commenced shall in all appropriate cases notify the other court, in this or another

state, and after consultation with that court determine whether to retain jurisdiction or

transfer the proceedings to the other court, whichever may be in the best interest of

the ward. A copy of any order accepting a resignation, removing a guardian, or altering

a guardian's authority shall be sent to the court in which acceptance of appointment is

filed.
N.D. Cent. Code § 30.1-26-04 — ND Code / Title 30.1 / Chapter 30.1-26 / Section 30.1-26-04
30.1-26-04. (5-104) Delegation of powers by parent or guardian
Status: in_force

30.1-26-04. (5-104) Delegation of powers by parent or guardian

A parent or a guardian of a minor or incapacitated person, by a properly executed power of

attorney, may delegate to another person, for a period not exceeding six months, any of the

parent's or guardian's powers regarding care, custody, or property of the minor child or ward,

except the power to consent to marriage or adoption of a minor ward.
N.D. Cent. Code § 30.1-14-07 — ND Code / Title 30.1 / Chapter 30.1-14 / Section 30.1-14-07
30.1-14-07. (3-307) Informal appointment proceedings - Delay in order - Duty of court - Effect of appointment
Status: in_force

30.1-14-07. (3-307) Informal appointment proceedings - Delay in order - Duty of court -

Effect of appointment.

1. Upon receipt of an application for informal appointment of a personal representative

other than a special administrator as provided in section 30.1-17-14, if at least one

hundred twenty hours have elapsed since the decedent's death, the court, after

making the findings required by section 30.1-14-08, shall appoint the applicant subject

to qualification and acceptance. If the decedent was a nonresident, the court shall

delay the order of appointment until thirty days have elapsed since death unless the

personal representative appointed at the decedent's domicile is the applicant or unless

the decedent's will directs that the estate be subject to the laws of this state. The court

must make its order of appointment and issue letters testamentary or letters of

administration within ten working days after all requirements for informal proceedings

have been met.

2. The status of personal representative and the powers and duties pertaining to the

office are fully established by informal appointment. An appointment, and the office of

personal representative created thereby, is subject to termination as provided in

sections 30.1-17-08 through 30.1-17-12, but is not subject to retroactive vacation.
N.D. Cent. Code § 30.1-27-06 — ND Code / Title 30.1 / Chapter 30.1-27 / Section 30.1-27-06
30.1-27-06. (5-206) Court appointment of guardian ad litem - Approval of acceptance of testamentary appointment
Status: in_force

30.1-27-06. (5-206) Court appointment of guardian ad litem - Approval of acceptance

of testamentary appointment.

1. Upon the filing of an acceptance of a testamentary appointment, the court shall

appoint a guardian ad litem promptly. The guardian ad litem fees must be paid from

the estate of the deceased parent, if available.

2. The duties of the guardian ad litem include:

a. Personally interviewing the minor, the testamentary guardian, and other persons

interested in the welfare of the minor;

b. Explaining the guardianship proceeding to the minor in the language, mode of

communication, and terms that the minor is most likely to understand, including

the nature and consequences of the proceeding, the rights to which the minor is

entitled, and the available legal options, including the right to retain an attorney to

represent the minor;

c. Advocating for the best interests of the minor consistent with section 14-09-06.2.

The appointed guardian ad litem may not represent the minor in a legal capacity;

d. Consulting juvenile court and other agency records to determine whether the

testamentary guardian has a criminal history of abuse, neglect, exploitation, and

review of the criminal history records. The guardian ad litem may access

confidential juvenile court records and other confidential agency records in the

exercise of the guardian ad litem's official duties;

e. Submitting a written report to the court within sixty days of the guardian ad litem's

appointment containing the guardian ad litem's findings on whether the

appointment of the testamentary guardian is in the best interests of the child;

f. Notifying the court if the minor objects to the appointment of the testamentary

guardian; and

g. If the guardian ad litem's report states the guardian ad litem believes the

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

minor, the case must be transferred to juvenile court.

3. The guardian ad litem shall serve a copy of the report on the minor if the minor is

fourteen years of age or older, the testamentary guardian, the person having the

minor's care or the minor's nearest adult relative under section 27-20.3-02, and the

personal representative of the deceased parent's estate.

4. After reviewing the guardian ad litem's report, the court may approve the acceptance

of the testamentary appointment without a hearing if no objection is raised by the

minor, the guardian ad litem, or any other person within fourteen days of the filing of

the report of the guardian ad litem.

5. The appointment of the guardian ad litem terminates immediately after the approval of

the acceptance or upon transfer of the case to juvenile court.

6. Upon the court's approval of the guardian's acceptance of the appointment, the court

shall issue letters of guardianship. The letters of guardianship must include:

a. The name, address, and telephone number of the guardian;

b. The full name of the minor;

c. Any limitations on the guardian's authority to make decisions on behalf of the

minor;

d. The expiration date of the appointment; and

e. The date by which the guardian must file the annual report required under section

27-20.1-15.

7. A written report prepared and submitted under this section is closed to the public and

is not open to inspection except by the court, parties to the proceeding or the parties'

counsel, other persons for those purposes as the court may order for good cause, and

others authorized by court rule.

8. Medical, psychological, or other treatment information protected by federal law or

regulation and any financial account numbers related to a child are confidential and

may not be disclosed except to parties to the proceeding, their counsel, and others

authorized by court rule. The court may permit access by other persons for good

cause.
N.D. Cent. Code § 30.1-26-03 — ND Code / Title 30.1 / Chapter 30.1-26 / Section 30.1-26-03
30.1-26-03. (5-103) Facility of payment or delivery
Status: in_force

30.1-26-03. (5-103) Facility of payment or delivery

Any person under a duty to pay or deliver money or personal property to a minor may

perform this duty, in amounts not exceeding five thousand dollars per annum, by paying or

delivering the money or property to:

1. The minor, if the minor is married;

2. Any person having the care and custody of the minor with whom the minor resides;

3. A guardian of the minor; or

4. A financial institution incident to a deposit in a federally insured savings account in the

sole name of the minor and giving notice of the deposit to the minor.

This section does not apply if the person making payment or delivery has actual knowledge that

a conservator has been appointed or proceedings for appointment of a conservator of the estate

of the minor are pending. The persons, other than the minor or any financial institution under

subsection 4, receiving money or property for a minor, are obligated to apply the money to the

support and education of the minor, but may not pay themselves except by way of

reimbursement for out-of-pocket expenses for goods and services necessary for the minor's

support. Any excess sums shall be preserved for future support of the minor and any balance

not so used and any property received for the minor must be turned over to the minor when the

minor attains majority. Persons who pay or deliver in accordance with provisions of this section

are not responsible for the proper application thereof.
N.D. Cent. Code § 30.1-29-02 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-02
30.1-29-02. (5-402) Protective proceedings - Jurisdiction of affairs of protected persons
Status: repealed

30.1-29-02. (5-402) Protective proceedings - Jurisdiction of affairs of protected

persons.

Repealed by S.L. 2009, ch. 278, § 2.
N.D. Cent. Code § 30.1-12-07 — ND Code / Title 30.1 / Chapter 30.1-12 / Section 30.1-12-07
30.1-12-07. (3-107) Scope of proceedings - Proceedings independent - Exception
Status: in_force

30.1-12-07. (3-107) Scope of proceedings - Proceedings independent - Exception

Unless supervised administration as described in chapter 30.1-16 is involved, each

proceeding before the court is independent of any other proceeding involving the same estate.

Petitions for formal orders of the court may combine various requests for relief in a single

proceeding if the orders sought may be finally granted without delay. Except as required for

proceedings which are particularly described by other sections of chapters 30.1-12 through

30.1-23, no petition is defective because it fails to embrace all matters which might then be the

subject of a final order, proceedings for probate of wills or adjudications of no will may be

combined with proceedings for appointment of personal representatives, and a proceeding for

appointment of personal representative is concluded by an order making or declining the

appointment.
N.D. Cent. Code § 30.1-18-16 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-16
30.1-18-16. (3-716) Powers and duties of successor personal representative
Status: in_force

30.1-18-16. (3-716) Powers and duties of successor personal representative

A successor personal representative has the same power and duty as the original personal

representative to complete the administration and distribution of the estate as expeditiously as

possible, but shall not exercise any power expressly made personal to the executor named in

the will.
N.D. Cent. Code § 30.1-28-01 — ND Code / Title 30.1 / Chapter 30.1-28 / Section 30.1-28-01
30.1-28-01. (5-301) Testamentary appointment of guardian for incapacitated person
Status: in_force

30.1-28-01. (5-301) Testamentary appointment of guardian for incapacitated person

1. The guardian spouse or guardian parent of an adjudicated incapacitated person may,

by will, appoint a successor guardian of the incapacitated person. A testamentary

appointment by a guardian spouse or guardian parent becomes effective when, after

having given seven days' prior written notice of intention to do so to the incapacitated

person and to the person caring for the incapacitated person or to the nearest adult

relative of the incapacitated person, the successor guardian files acceptance of

appointment in the court in which the will is informally or formally probated.

2. This state shall recognize a testamentary appointment effected by filing acceptance

under a will probated at the testator's domicile in another state.

3. On the filing with the court in which the will was probated of written objection to the

appointment by the person for whom a testamentary appointment of guardian has

been made, the appointment is terminated. An objection does not prevent appointment

by the court in a proper proceeding of the testamentary nominee or any other suitable

person upon an adjudication of incapacity in proceedings under the succeeding

sections of this chapter.
N.D. Cent. Code § 30.1-08-06 — ND Code / Title 30.1 / Chapter 30.1-08 / Section 30.1-08-06
30.1-08-06. (2-506) Choice of law as to execution
Status: in_force

30.1-08-06. (2-506) Choice of law as to execution

A written will is valid if executed in compliance with section 30.1-08-02 or if its execution

complies with the law at the time of execution of the place where the will is executed, or of the

law of the place where at the time of execution or at the time of death the testator is domiciled,

has a place of abode, or is a national.
N.D. Cent. Code § 30.1-03-03 — ND Code / Title 30.1 / Chapter 30.1-03 / Section 30.1-03-03
30.1-03-03. (1-403) Pleadings - When parties bound by others - Notice
Status: in_force

30.1-03-03. (1-403) Pleadings - When parties bound by others - Notice

In formal proceedings involving trusts or estates of decedents, minors, protected persons,

or incapacitated persons, and in judicially supervised settlements, the following apply:

1. Interests to be affected must be described in pleadings that give reasonable

information to owners by name or class, by reference to the instrument creating the

interests or in another appropriate manner.

2. A person is bound by an order binding another in the following cases:

a. An order binding the sole holder or all coholders of a power of revocation or a

presently exercisable general power of appointment, including one in the form of

a power of amendment, binds another person to the extent that person's

interests, as objects, takers in default, or otherwise, are subject to the power.

b. To the extent there is no conflict of interest between them or among persons

represented, an order binding a conservator binds the person whose estate the

conservator controls; an order binding a guardian binds the ward if no

conservator of the ward's estate has been appointed; an order binding a trustee

binds a beneficiary of the trust in proceedings to probate a will establishing or

adding to a trust, to review the acts or accounts of a former fiduciary and in

proceedings involving creditors or other third parties; an order binding a personal

representative binds a person interested in the undistributed assets of a

decedent's estate in actions or proceedings by or against the estate; and an order

binding a sole holder or all coholders of a general testamentary power of

appointment binds other persons to the extent their interests as objects, takers in

default, or otherwise are subject to the power.

c. Unless otherwise represented, a minor or an incapacitated, unborn, or

unascertained person is bound by an order to the extent the person's interest is

adequately represented by another party having a substantially identical interest

in the proceeding.

3. If no conservator or guardian has been appointed, a parent may represent a minor

child.

4. Notice is required as follows:

a. The notice prescribed by section 30.1-03-01 must be given to every interested

person or to one who can bind an interested person as described in subdivision a

or b of subsection 2. Notice may be given both to a person and to another who

may bind that person.

b. Notice is given to unborn or unascertained persons who are not represented

under subdivision a or b of subsection 2 by giving notice to all known persons

whose interests in the proceedings are substantially identical to those of the

unborn or unascertained persons.

5. At any point in a proceeding, a court may appoint a guardian ad litem to represent the

interest of a minor, an incapacitated, unborn, or unascertained person, or a person

whose identity or address is unknown, if the court determines that representation of

the interest otherwise would be inadequate. If not precluded by conflict of interests, a

guardian ad litem may be appointed to represent several persons or interests. The

court shall state its reasons for appointing a guardian ad litem as a part of the record

of the proceeding.
N.D. Cent. Code § 30.1-32.1-04 — ND Code / Title 30.1 / Chapter 30.1-32.1 / Section 30.1-32.1-04
30.1-32.1-04. Transfer on death deed nontestamentary
Status: in_force

30.1-32.1-04. Transfer on death deed nontestamentary

A transfer on death deed is nontestamentary.
N.D. Cent. Code § 30.1-19-05 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-05
30.1-19-05. (3-805) Classification of claims
Status: in_force

30.1-19-05. (3-805) Classification of claims

1. If the applicable assets of the estate are insufficient to pay all claims in full, the

personal representative shall make payment in the following order:

a. Costs and expenses of administration.

b. Reasonable funeral expenses.

c. Debts and taxes with preference under federal law.

d. Reasonable and necessary medical and hospital expenses of the last illness of

the decedent, including compensation of persons attending the decedent.

e. The decedent's child support obligations that were due and unpaid before death.

f. Debts and taxes with preference under other laws of this state.

g. All other claims.

2. No preference shall be given in the payment of any claim over any other claim of the

same class, and a claim due and payable shall not be entitled to a preference over

claims not due.
N.D. Cent. Code § 30.1-18-04 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-04
30.1-18-04. (3-704) Personal representative to proceed without court order - Exception
Status: in_force

30.1-18-04. (3-704) Personal representative to proceed without court order -

Exception.

A personal representative shall proceed expeditiously with the settlement and distribution of

a decedent's estate and, except as otherwise specified or ordered in regard to a supervised

personal representative, do so without adjudication, order, or direction of the court, but may

invoke the jurisdiction of the court, in proceedings authorized by this title, to resolve questions

concerning the estate or its administration.
N.D. Cent. Code § 30.1-19-03 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-03
30.1-19-03. (3-803) Limitations on presentation of claims
Status: in_force

30.1-19-03. (3-803) Limitations on presentation of claims

1. All claims against a decedent's estate which arose before the death of the decedent,

including claims of the state or any political subdivision, whether due or to become

due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or

other legal basis, if not barred earlier by other statute of limitations, are barred against

the estate, the personal representative, the heirs and devisees of the decedent, and

nonprobate transferees unless presented as follows:

a. Within three months after the date of the first publication and mailing of notice to

creditors if notice is given in compliance with section 30.1-19-01; provided, claims

barred by the nonclaim statute at the decedent's domicile before the first

publication for claims in this state are also barred in this state.

b. Within three years after the decedent's death, if notice to creditors has not been

published and mailed.

2. All claims against a decedent's estate which arise at or after the death of the decedent,

including claims of the state and any subdivision thereof, whether due or to become

due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or

other legal basis, are barred against the estate, the personal representative, and the

heirs and devisees of the decedent, unless presented as follows:

a. A claim based on a contract with the personal representative, within four months

after performance by the personal representative is due.

b. Any other claim, within three months after it arises.

3. Nothing in this section affects or prevents:

a. Any proceeding to enforce any mortgage, pledge, or other lien upon property of

the estate.

b. To the limits of the insurance protection only, any proceeding to establish liability

of the decedent or the personal representative for which the decedent or personal

representative is protected by liability insurance.
N.D. Cent. Code § 30.1-31-11 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-11
30.1-31-11. (6-214) Accounts and transfers nontestamentary
Status: in_force

30.1-31-11. (6-214) Accounts and transfers nontestamentary

Except as provided in chapter 30.1-05 or as a consequence of, and to the extent directed

by, section 30.1-31-12, a transfer resulting from the application of section 30.1-31-09 is effective

by reason of the terms of the account involved and this part and is not testamentary or subject

to chapters 30.1-01 through 30.1-25.
N.D. Cent. Code § 30.1-29-29 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-29
30.1-29-29. (5-429) Individual liability of conservator
Status: in_force

30.1-29-29. (5-429) Individual liability of conservator

1. Unless otherwise provided in the contract, a conservator is not individually liable on a

contract properly entered into in the conservator's fiduciary capacity in the course of

administration of the estate unless the conservator fails to reveal the conservator's

representative capacity and identify the estate in the contract.

2. The conservator is individually liable for obligations arising from ownership or control

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

estate only if the conservator is personally at fault.

3. Claims based on contracts entered into by a conservator in the conservator's fiduciary

capacity, on obligations arising from ownership or control of the estate, or on torts

committed in the course of administration of the estate, may be asserted against the

estate by proceeding against the conservator in the conservator's fiduciary capacity,

whether or not the conservator is individually liable therefor.

4. Any question of liability between the estate and the conservator individually may be

determined in a proceeding for accounting, surcharge, or indemnification, or other

appropriate proceeding or action.
N.D. Cent. Code § 30.1-20-06 — ND Code / Title 30.1 / Chapter 30.1-20 / Section 30.1-20-06
30.1-20-06. (3-906) Distribution in kind - Valuation - Method
Status: in_force

30.1-20-06. (3-906) Distribution in kind - Valuation - Method

1. Unless a contrary intention is indicated by the will, the distributable assets of a

decedent's estate shall be distributed in kind to the extent possible through application

of the following provisions:

a. A specific devisee is entitled to distribution of the thing devised, and a spouse or

child who has selected particular assets of an estate as provided in section

30.1-07-01 shall receive the items selected.

b. Any homestead or family allowance or devise payable in money may be satisfied

by value in kind provided:

(1) The person entitled to the payment has not demanded payment in cash.

(2) The property distributed in kind is valued at fair market value as of the date

of its distribution.

(3) No residuary devisee has requested that the asset in question remain a part

of the residue of the estate.

c. For the purpose of valuation under subdivision b, securities regularly traded on

recognized exchanges, if distributed in kind, are valued at the price for the last

sale of like securities traded on the business day prior to distribution, or if there

was no sale on that day, at the median between amounts bid and offered at the

close of that day. Assets consisting of sums owed the decedent or the estate by

solvent debtors as to which there is no known dispute or defense are valued at

the sum due with accrued interest or discounted to the date of distribution. For

assets which do not have readily ascertainable values, a valuation as of a date

not more than thirty days prior to the date of distribution, if otherwise reasonable,

controls. For purposes of facilitating distribution, the personal representative may

ascertain the value of the assets as of the time of the proposed distribution in any

reasonable way, including the employment of qualified appraisers, even if the

assets may have been previously appraised.

d. The residuary estate must be distributed in any equitable manner.

2. After the probable charges against the estate are known, the personal representative

may mail or deliver a proposal for distribution to all persons who have a right to object

to the proposed distribution. The right of any distributee to object to the proposed

distribution on the basis of the kind or value of asset the distributee is to receive, if not

waived earlier in writing, terminates if the distributee fails to object in writing received

by the personal representative within thirty days after mailing or delivery of the

proposal.
N.D. Cent. Code § 30.1-21-07 — ND Code / Title 30.1 / Chapter 30.1-21 / Section 30.1-21-07
30.1-21-07. (3-1007) Certificate discharging liens securing fiduciary performance
Status: in_force

30.1-21-07. (3-1007) Certificate discharging liens securing fiduciary performance

After the personal representative's appointment has terminated, the personal

representative, the personal representative's sureties, or any successor of either, upon the filing

of a verified application showing, so far as is known by the applicant, that no action concerning

the estate is pending in any court, is entitled to receive a certificate from the court that the

personal representative appears to have fully administered the estate in question. The

certificate evidences discharge of any lien on any property given to secure the obligation of the

personal representative in lieu of bond or any surety, but does not preclude action against the

personal representative or the surety.
N.D. Cent. Code § 30.1-17-18 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-18
30.1-17-18. (3-618) Termination of appointment - Special administrator
Status: in_force

30.1-17-18. (3-618) Termination of appointment - Special administrator

The appointment of a special administrator terminates in accordance with the provisions of

the order of appointment or on the appointment of a general personal representative. In other

cases, the appointment of a special administrator is subject to termination as provided in

sections 30.1-17-08 through 30.1-17-11.
N.D. Cent. Code § 30.1-04-15 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-15
30.1-04-15. (2-116) Parent-child relationship - Effect
Status: in_force

30.1-04-15. (2-116) Parent-child relationship - Effect

Except as otherwise provided in subsections 2 through 4 of section 30.1-04-18, if a

parent-child relationship exists or is established under sections 30.1-04-14 through 30.1-04-20,

the parent is a parent of the child and the child is a child of the parent for purposes of intestate

succession.
N.D. Cent. Code § 30.1-22-01 — ND Code / Title 30.1 / Chapter 30.1-22 / Section 30.1-22-01
30.1-22-01. (3-1101) Effect of approval of agreements involving trusts, inalienable interests, or interest of third persons
Status: in_force

30.1-22-01. (3-1101) Effect of approval of agreements involving trusts, inalienable

interests, or interest of third persons.

A compromise of any controversy as to admission to probate of any instrument offered for

formal probate as the will of a decedent, the construction, validity, or effect of any governing

instrument, the rights or interests in the estate of the decedent, of any successor, or the

administration of the estate, if approved in a formal proceeding in the court for that purpose, is

binding on all the parties thereto, including those unborn, unascertained, or who could not be

located. An approved compromise is binding even though it may affect a trust or an inalienable

interest. A compromise does not impair the rights of creditors or of taxing authorities who are not

parties to it.
N.D. Cent. Code § 30.1-17-02 — ND Code / Title 30.1 / Chapter 30.1-17 / Section 30.1-17-02
30.1-17-02. (3-602) Acceptance of appointment - Consent to jurisdiction
Status: in_force

30.1-17-02. (3-602) Acceptance of appointment - Consent to jurisdiction

By accepting appointment, a personal representative submits personally to the jurisdiction

of the court in any proceeding relating to the estate that may be instituted by any interested

person. Notice of any proceeding shall be delivered to the personal representative, or mailed by

ordinary first-class mail to the personal representative's address as listed in the application or

petition for appointment or as thereafter reported to the court and to the personal

representative's address as then known to the petitioner.
N.D. Cent. Code § 30.1-29-20.1 — ND Code / Title 30.1 / Chapter 30.1-29 / Section 30.1-29-20.1
30.1-29-20.1. Emergency conservator
Status: in_force

30.1-29-20.1. Emergency conservator

1. On petition by a person interested in the estate of the person to be protected, the court

may appoint an emergency conservator if the court finds that compliance with the

procedures in this chapter likely will result in substantial harm to the estate of the

person to be protected, and that no other person appears to have authority and

willingness to act in the circumstances. The court may appoint the conservator for a

specified period of time, not to exceed ninety days. Immediately upon receipt of the

petition for an emergency conservator, the court shall appoint a guardian ad litem to

advocate for the best interests of the estate of the person to be protected 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

conservator is appropriate. Except as otherwise provided in subsection 2, reasonable

notice of the time and place of a hearing on the petition must be given to those

identified in section 30.1-29-05.1.

2. An emergency conservator may be appointed without notice only if the court finds from

affidavit or other sworn testimony that the estate of the person to be protected will be

substantially harmed before a hearing on the appointment can be held. If the court

appoints an emergency conservator without notice, the person whose estate is to be

protected and the person's spouse, if any, must be given notice of the appointment

within forty-eight hours. The court shall hold a hearing on the appropriateness of the

appointment within ten days after the appointment.

3. Appointment of an emergency conservator, with or without notice, is not a

determination of the person or the estate of the person's need for protection.

4. The court may remove an emergency conservator at any time. An emergency

conservator shall make any report the court requires. In all other respects, the

provisions of this chapter concerning conservators apply to an emergency conservator.
N.D. Cent. Code § 30.1-31-05 — ND Code / Title 30.1 / Chapter 30.1-31 / Section 30.1-31-05
30.1-31-05. (6-204) Forms
Status: in_force

30.1-31-05. (6-204) Forms

1. A contract of deposit that contains provisions in substantially the following form

establishes the type of account provided, and the account is governed by the

provisions of sections 30.1-31-02 through 30.1-31-20 applicable to an account of that

type:

UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM PARTIES

[name one or more parties]:

____________________ ____________________

OWNERSHIP [select one and initial]:

___ SINGLE-PARTY ACCOUNT

___ MULTIPLE-PARTY ACCOUNT

Parties own account in proportion to net contributions unless there is clear

and convincing evidence of a different intent.

RIGHTS AT DEATH [select one and initial]:

___ SINGLE-PARTY ACCOUNT

At death of party, ownership passes as part of party's estate.

___ SINGLE-PARTY ACCOUNT WITH P.O.D. (PAY ON DEATH)

DESIGNATION

[name one or more beneficiaries]:

_____________________ _____________________

At death of party, ownership passes to P.O.D. beneficiaries and is not part of

party's estate.

___ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP

At death of party, ownership passes to surviving parties.

___ MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP

AND P.O.D. (PAY ON DEATH) DESIGNATION

[name one or more beneficiaries]:

_____________________ _____________________

At death of last surviving party, ownership passes to P.O.D. beneficiaries

and is not part of last surviving party's estate.

___ MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP

At death of party, deceased party's ownership passes as part of deceased

party's estate.

AGENCY (POWER OF ATTORNEY) DESIGNATION [optional]

Agents may make account transactions for parties but have no ownership or

rights at death unless named as P.O.D. beneficiaries.

[to add agency designation to account, name one or more agents]:

_____________________ _____________________

[select one and initial]:

___ AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF

PARTIES

___ AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF

PARTIES

2. A contract of deposit that does not contain provisions in substantially the form provided

in subsection 1 is governed by sections 30.1-31-02 through 30.1-31-20 applicable to

the type of account that most nearly conforms to the depositor's intent.
N.D. Cent. Code § 30.1-15-04 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-04
30.1-15-04. (3-404) Formal testacy proceedings - Written objections to probate - Demand for jury trial
Status: in_force

30.1-15-04. (3-404) Formal testacy proceedings - Written objections to probate -

Demand for jury trial.

Any party to a formal proceeding who opposes the probate of a will for any reason shall

state in that party's pleadings the objections to probate of the will. In a contested formal testacy

proceeding, any party is entitled to a jury trial of all issues of fact by serving upon all appropriate

parties and filing with the court a written demand for jury trial. The written demand must be

affixed to the pleading of the party which raises any issues of fact and may not be served and

filed later than seven days before the time set for hearing.
N.D. Cent. Code § 30.1-09.1-01 — ND Code / Title 30.1 / Chapter 30.1-09.1 / Section 30.1-09.1-01
30.1-09.1-01. (2-701) Scope
Status: in_force

30.1-09.1-01. (2-701) Scope

In the absence of a finding of a contrary intention, the rules of construction in this chapter

control the construction of a governing instrument. The rules of construction in this chapter

apply to a governing instrument of any type, except as the application of a particular section is

limited by its terms to a specific type or types of provisions or governing instrument.
N.D. Cent. Code § 30.1-15-02 — ND Code / Title 30.1 / Chapter 30.1-15 / Section 30.1-15-02
30.1-15-02. (3-402) Formal testacy or appointment proceedings - Petition - Contents
Status: in_force

30.1-15-02. (3-402) Formal testacy or appointment proceedings - Petition - Contents

1. Petitions for formal probate of a will, or for adjudication of intestacy with or without

request for appointment of a personal representative, must be directed to the court,

request a judicial order after notice and hearing, and contain further statements as

indicated in this section. A petition for formal probate of a will:

a. Requests an order as to the testacy of the decedent in relation to a particular

instrument which may or may not have been informally probated and determining

the heirs.

b. Contains the statements required for informal applications as stated in

paragraphs 1 through 6 of subdivision a of subsection 1 of section 30.1-14-01

and the statements required by paragraphs 2 and 3 of subdivision b of

subsection 1 of section 30.1-14-01.

c. States whether the original of the last will of the decedent is in the possession of

the court or accompanies the petition.

If the original will is neither in the possession of the court nor accompanies the petition

and no authenticated copy of a will probated in another jurisdiction accompanies the

petition, the petition also must state the contents of the will, and indicate that it is lost,

destroyed, or otherwise unavailable.

2. A petition for adjudication of intestacy and appointment of an administrator in intestacy

must request a judicial finding and order that the decedent left no will and determining

the heirs, contain the statements required by subdivisions a and d of subsection 1 of

section 30.1-14-01, and indicate whether supervised administration is sought. A

petition may request an order determining intestacy and heirs without requesting the

appointment of an administrator, in which case the statements required by paragraph 2

of subdivision d of subsection 1 of section 30.1-14-01 may be omitted.
N.D. Cent. Code § 30.1-04-14 — ND Code / Title 30.1 / Chapter 30.1-04 / Section 30.1-04-14
30.1-04-14. (2-115) Definitions
Status: in_force

30.1-04-14. (2-115) Definitions

In sections 30.1-04-14 through 30.1-04-20:

1. "Adoptee" means an individual who is adopted.

2. "Assisted reproduction" means a method of causing pregnancy other than sexual

intercourse.

3. "Divorce" means any divorce or annulment, or any dissolution or declaration of

invalidity of a marriage.

4. "Functioned as a parent of the child" means behaving toward the child in a manner

consistent with being the child's parent and performing functions that are customarily

performed by a parent, such as fulfilling parental responsibilities toward the child,

recognizing or holding out the child as the individual's child, materially participating in

the child's upbringing, and residing with the child in the same household as regular

members of that household.

5. "Genetic father" means the man whose sperm fertilized the egg of a child's genetic

mother. If the father-child relationship is established under the presumption of paternity

under subdivision a, b, or c of subsection 2 of section 14-20-07, the term means only

the man for whom that relationship is established.

6. "Genetic mother" means the woman whose egg was fertilized by the sperm of the

child's genetic father.

7. "Genetic parent" means a child's genetic father or genetic mother.

8. "Incapacity" means the inability of an individual to function as a parent of a child

because of the individual's physical or mental condition.

9. "Relative" means a grandparent or a descendant of a grandparent.
N.D. Cent. Code § 30.1-30-06 — ND Code / Title 30.1 / Chapter 30.1-30 / Section 30.1-30-06
30.1-30-06. Gifts under power of attorney
Status: in_force

30.1-30-06. Gifts under power of attorney

If any power of attorney, durable or otherwise, or other writing authorizes an attorney in fact

or other agent to perform any act that the principal might or could do or evidences the principal's

intent to give the attorney in fact or agent full power to handle the principal's affairs or deal with

the principal's property, the attorney in fact or agent may make gifts. The gifts may be in any

amount of any of the principal's property to any individual or to an organization described in

sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of

federal tax law, or both. Notwithstanding this section, a principal, by express words in the power

of attorney or other writing, may authorize, or limit the authority of, any attorney in fact or other

agent to make gifts of the principal's property. This section applies to a power of attorney

executed before August 1, 1995, as well as a power of attorney executed after July 31, 1995.
N.D. Cent. Code § 30.1-18-05 — ND Code / Title 30.1 / Chapter 30.1-18 / Section 30.1-18-05
30.1-18-05. (3-705) Duty of personal representative - Information to heirs and devisees
Status: in_force

30.1-18-05. (3-705) Duty of personal representative - Information to heirs and

devisees.

Not later than thirty days after appointment, every personal representative, except any

special administrator, shall give information of the appointment to the heirs and devisees,

including, if there has been no formal testacy proceeding and if the personal representative was

appointed on the assumption that the decedent died intestate, the devisees in any will

mentioned in the application for appointment of a personal representative. The information must

be delivered or sent by ordinary mail to each of the heirs and devisees whose address is

reasonably available to the personal representative. The duty does not extend to require

information to persons who have been adjudicated in a prior formal testacy proceeding to have

no interest in the estate. The information must include the name and address of the personal

representative, indicate that it is being sent to persons who have or may have some interest in

the estate being administered, indicate whether bond has been filed, and describe the court

where papers relating to the estate are on file. The information must state that the estate is

being administered by the personal representative under this title without supervision by the

court, but that recipients are entitled to information regarding the administration from the

personal representative and may petition the court in any matter relating to the estate, including

distribution of assets and expenses of administration. The personal representative's failure to

give this information is a breach of duty to the persons concerned but does not affect the validity

of the appointment, the personal representative's powers, or other duties. A personal

representative may inform other persons of the appointment by delivery or ordinary first-class

mail.
N.D. Cent. Code § 30.1-19-14 — ND Code / Title 30.1 / Chapter 30.1-19 / Section 30.1-19-14
30.1-19-14. (3-814) Encumbered assets
Status: in_force

30.1-19-14. (3-814) Encumbered assets

If any assets of the estate are encumbered by mortgage, pledge, lien, or other security

interest, the personal representative may pay the encumbrance or any part thereof, renew or

extend any obligation secured by the encumbrance, or convey or transfer the assets to the

creditor in satisfaction of the creditor's lien, in whole or in part, whether or not the holder of the

encumbrance has presented a claim, if it appears to be for the best interest of the estate.

Payment of an encumbrance does not increase the share of the distributee entitled to the

encumbered assets unless the distributee is entitled to exoneration.