Title 30.1, Uniform Probate Code

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 ad…

The procedure for securing court approval of a compromise is as follows: 1. The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons and parents or guardians acting for any minor children having beneficial interest…

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 deliv…

The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the ap…

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 administrati…

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 d…

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 cont…

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 represe…

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in actio…

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.

Payment or delivery under section 30.1-24-02 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should …

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 certifi…

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…

The power of a domiciliary foreign personal representative under section 30.1-24-02 or 30.1-24-06 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the …

In respect to a nonresident decedent, the provisions of chapters 30.1-12 through 30.1-23 of this title govern: 1. Proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any …

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by: 1. Filing authenticated copies of the foreign personal representative's appointment as provided in section 30.1-24-05; 2. Receiving pa…

In addition to jurisdiction conferred by section 30.1-25-01, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.

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…

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the local personal representative were a party to the adjudication.

The court has jurisdiction over protective proceedings and guardianship proceedings.

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 …

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, ex…

A person becomes a guardian of a minor under this chapter by acceptance of a testamentary appointment and approval by the court. The guardianship status continues until terminated, without regard to the location of the guardian and minor ward.

The parent of a minor may appoint by will a guardian of an unmarried minor. A testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated and remains effective upon approval by the court either after or without a hea…

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 ob…

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 int…

1. Any person interested in the welfare of a minor subject to a testamentary appointment of a guardian, including the minor, may object to the appointment of the testamentary guardian as contrary to the best interests of the minor within fourteen days of the filing of the report …

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.

The powers and duties of a guardian of a minor under this chapter are defined under section 27-20.1-15.

1. Upon approval of the guardian's acceptance of the appointment of the guardian of a minor and issuance of the letters of guardianship, the court shall transfer the guardianship file to the juvenile court where the minor resides. 2. The juvenile court under section 27-20.1-02 ha…

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…

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 c…

1. Any person interested in the welfare of an allegedly incapacitated person may petition for the appointment of a guardian. No filing fee under this or any other section may be required when a petition for guardianship of an incapacitated person is filed by a member of the indiv…

1. A written report prepared and submitted by a guardian ad litem, visitor, or expert examiner and annual and final reports and financial accounting prepared and submitted by a guardian are closed to the public and are not open to inspection except by the court, parties to the pr…

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 payi…

1. As used in this section: a. "Child" means an individual who is under the age of eighteen and is not married. b. "Child becoming an incapacitated adult" means a child who has reached age seventeen years and six months and is proposed to become an incapacitated adult at age eigh…

1. The court shall exercise the authority conferred in this chapter consistent with the maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's actual mental and adaptive…

1. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. 2. A copy of the order appointing the guardian must be served by the petitioner to those giv…

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 perfor…

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 dut…

1. The court may remove a guardian on its own motion or on petition of the ward or any interested person if removal is in the best interests of the ward. A request for this order may be made by informal letter to the court or judge. The clerk of district court shall send a copy o…

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 …

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.

1. On petition by a person interested in the alleged incapacitated individual's welfare, the court may appoint an emergency guardian if the court finds that compliance with the procedures of this chapter likely will result in substantial harm to the alleged incapacitated individu…

1. Any competent person or a designated person from a suitable institution, agency, or nonprofit group home may be appointed guardian of an incapacitated person. No institution, agency, or nonprofit group home providing care and custody of the incapacitated person may be appointe…

1. A guardian of an incapacitated person has only the powers and duties specified by the court. 2. To the extent that it is consistent with the terms of an order by a court of competent jurisdiction, the guardian is entitled to custody of the person of the ward and may establish …