Title 30.1, Uniform Probate Code

The intention of a testator as expressed in the testator's will controls the legal effect of the testator's dispositions. The rules of construction expressed in this chapter apply unless a contrary intention is indicated by the will.

A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death.

If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator, the issue of the deceased devisee who survive the testa…

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 fail…

1. If a testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: a. As much of the devised securities as is a part of the estate at the time of the testator's death. b. Any additional or other se…

1. A specific devisee has the right to specifically devised property in the testator's estate at the testator's death and to: a. Any balance of the purchase price, together with any security interest, owed by a purchaser at the testator's death by reason of sale of the property b…

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.

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…

1. Property a testator gave in the testator's lifetime to a person is treated as a satisfaction of a devise in whole or in part, only if the will provides for deduction of the gift, the testator declared in a contemporaneous writing that the gift is in satisfaction of the devise …

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after July 1, 1975, can be established only by: 1. Provisions of a will stating material provisions of the contract; 2. An express reference in a will to a contract and extrin…