Title 30.1, Uniform Probate Code

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 …

If the court is not satisfied that a requested informal appointment of a personal representative should be made because of failure to meet the requirements of sections 30.1-14-07 and 30.1-14-08, or for any other reason, it may decline the application. A declination of informal ap…

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 writin…

If an application for informal appointment indicates the existence of a possible unrevoked testamentary instrument which may relate to property subject to the laws of this state, and which is not filed for probate in this court, the court shall decline the application.

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 t…

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 …

1. Upon commencement of a formal testacy proceeding, the court shall fix a time and place of hearing. Notice shall be given in the manner prescribed by section 30.1-03-01 by the petitioner to the persons herein enumerated and to any additional person who has filed a demand for no…

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…

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 sup…

In a contested case in which the proper execution of a will is at issue, the following rules apply: 1. If the will is self-proved pursuant to section 30.1-08-04, the will complies with the requirements for execution without the testimony of any attesting witness, upon filing the …

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…

A final order of a court of another state determining testacy, the validity or construction of a will, made in a proceeding involving notice to and an opportunity for contest by all interested persons must be accepted as determinative by the courts of this state if it includes, o…

After the time required for any notice has expired, upon proof of notice, and after any hearing that may be necessary, if the court finds that the testator is dead, venue is proper, and that the proceeding was commenced within the limitation prescribed in section 30.1-12-08, it s…

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…

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.

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 a…

For good cause shown, an order in a formal testacy proceeding may be modified or vacated within the time allowed for appeal.

1. A formal proceeding for adjudication regarding the priority or qualification of one who is an applicant for appointment as personal representative, or of one who previously has been appointed personal representative in informal proceedings, if an issue concerning the testacy o…

Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends until entry of an order approving distribution of the estate and discharging the personal repr…

A petition for supervised administration may be filed by any interested person or by a personal representative at any time or the request for supervised administration may be joined with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the pri…

1. The pendency of a proceeding for supervised administration of a decedent's estate stays action on any informal application then pending or thereafter filed. 2. If a will has been previously probated in informal proceedings, the effect of the filing of a petition for supervised…

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 …

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 granti…

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.

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 …

No bond is required of a personal representative appointed in informal proceedings, except: 1. Upon the appointment of a special administrator; 2. When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement…

If bond is required and the provisions of the will or order do not specify the amount, unless stated in that person's application or petition, the person qualifying shall file a statement under oath with the court indicating that person's best estimate of the value of the persona…

Any person apparently having an interest in the estate worth in excess of one thousand dollars, or any creditor having a claim in excess of one thousand dollars, may make a written demand that a personal representative give bond. The demand must be filed with the court and a copy…

1. The following requirements and provisions apply to any bond required by this chapter: a. Bonds shall name the state of North Dakota as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all d…

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 …

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 represent…

The death of a personal representative or the appointment of a conservator for the estate of a personal representative terminates the personal representative's appointment. Until appointment and qualification of a successor or special representative to replace the deceased or pro…

1. An appointment of a personal representative terminates as provided in section 30.1-21-03, one year after the filing of a closing statement. 2. An order closing an estate as provided in section 30.1-21-01 or 30.1-21-02 terminates an appointment of a personal representative. 3. …

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 pe…

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 t…

Chapters 30.1-14 and 30.1-15 govern proceedings for appointment of a personal representative to succeed one whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which t…

A special administrator may be appointed: 1. Informally by the court on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provi…

1. If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available and qualified. 2. In other cases, any proper person may be a…

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 upo…

A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative, except as limited in the appointment, and duties as prescribed in the order. The appointment may be for a specified time, to perform particular act…

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 sect…

The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring ther…

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 esta…

1. A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this title…

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…

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 app…

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 ma…

The personal representative may employ a qualified and disinterested appraiser to assist the personal representative in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons …

If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the personal representati…

Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptive…