Title 30.1, Uniform Probate Code

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 …

1. Except as otherwise provided in this chapter, on death of a party sums on deposit in a multiple-party account belong to the surviving party or parties. If two or more parties survive and one is the surviving spouse of the decedent, the amount to which the decedent, immediately…

1. Rights at death under section 30.1-31-09 are determined by the terms of the account at the death of a party. The terms of the account may be altered by written notice given by a party to the financial institution to change the terms of the account or to stop or vary payment un…

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 su…

1. If other assets of the estate are insufficient, a transfer resulting from a right of survivorship or P.O.D. designation under sections 30.1-31-02 through 30.1-31-20 is not effective against the estate of a deceased party to the extent needed to pay claims against the estate an…

1. A deposit of community property in an account does not alter the community character of the property or community rights in the property, but a right of survivorship between parties married to each other arising from the express terms of the account or section 30.1-31-09 may n…

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 financial institution, on request, may pay sums on deposit in a multiple-party account to: 1. One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when payment is requested and whether or not the party making the request survives anot…

A financial institution, on request, may pay sums on deposit in an account with a P.O.D. designation to: 1. One or more of the parties, whether or not another party is disabled, incapacitated, or deceased when the payment is requested and whether or not a party survives another p…

A financial institution, on request of an agent under an agency designation for an account, may pay to the agent sums on deposit in the account, whether or not a party is disabled, incapacitated, or deceased when the request is made or received, and whether or not the authority o…

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.

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 betwee…

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 prop…

As used in sections 30.1-31-21 through 30.1-31-30: 1. "Beneficiary form" means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.…

Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in ben…

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 maki…

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.

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.

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 con…

On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the reg…

1. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given …

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 throu…

1. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for registrations in beneficiary form and for implementation of registrations in beneficiary form, including requests for cance…

1. This title takes effect on July 1, 1975. 2. Except as provided elsewhere in this title, on the effective date of this title or any amendment to this title: a. The title or amendment applies to any wills of decedents dying thereafter. No provision of this title, however, shall …

As used in this chapter: 1. "Intentional misconduct" means conduct by a supporter with actual knowledge at the time of the conduct that the conduct is unnecessarily harmful to the health or well-being of a named individual. 2. "Named individual" is the individual identified in a …

1. The named individual may sign separate authorizations when appropriate to allow others to disclose confidential documents, records, and information to a supporter identified in the authorization. An authorization may allow an individual to provide copies of the documents, reco…

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.

1. It is presumed the named individual has capacity to enter a supported decisionmaking agreement. This presumption may be rebutted only by clear and convincing evidence. 2. A named individual's use of uncommon methods of communication does not affect the named individual's capac…

1. A supported decisionmaking agreement may be terminated by the named individual by giving notice to the supporter orally, in writing, through an assistive technology device, or by any other act showing a specific intent to terminate the agreement. 2. A supported decisionmaking …

A supporter may not allow unauthorized access to, use of, or disclosure of any confidential documents, records, and other information about the named individual, unless the named individual has otherwise directed.

1. A notary public or two qualified witnesses must verify in writing the signatures to a supported decisionmaking agreement. 2. To be a qualified witness, the witness must: a. Not be a party to the agreement; b. Be at least eighteen years of age; c. Be competent; d. Not be an emp…

1. Any third person who receives a copy of a supported decisionmaking agreement shall rely on the agreement, unless: a. The third person has cause to believe the named individual is being abused, neglected, or exploited by the supporter; b. The third person has actual knowledge o…

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…

An electronic will is a will for all purposes of the law of this state. The law of this state applicable to wills and principles of equity apply to an electronic will, except as modified by this chapter.

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 o…

1. Subject to subsection 4 of section 30.1-37-06, an electronic will must be: a. A record that is readable as text at the time of signing as provided under subdivision b; b. Signed by: (1) The testator; or (2) Another individual in the testator's name, in the testator's conscious…

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 o…

1. An electronic will may be simultaneously executed, attested, and made self-proving by acknowledgment of the testator and affidavits of the witnesses. 2. The acknowledgment and affidavits under subsection 1 must be: a. Made before an officer authorized to administer oaths under…

An individual may create a certified paper copy of an electronic will by affirming under penalty of perjury that a paper copy of the electronic will is a complete, true, and accurate copy of the electronic will. If the electronic will is made self-proving, the certified paper cop…

Any person who executes a will disposing of the person's estate in accordance with this title may institute a proceeding under chapter 32-23 for a judgment declaring the validity of the will as to the signature on the will, the required number of witnesses to the signature and th…

Any beneficiary named in the will and all the testator's present intestate successors shall be named parties to the proceeding. For the purposes of this chapter, any beneficiary named in the will and all the testator's present intestate successors shall be deemed possessed of inc…

If the court finds under chapter 32-23 that the will has been properly executed and that the plaintiff testator has the requisite testamentary capacity and freedom from undue influence, it shall declare the will valid and order it placed on file with the court. For the purposes o…

The facts found in a proceeding brought under this chapter shall not be admissible in evidence in any proceeding other than one brought in North Dakota to determine the validity of a will; nor shall the determination in a proceeding under this chapter be binding, upon the parties…

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 b…

1. A will is valid in form, irrespective of the place where it is made, of the location of the assets and of the nationality, domicile, or residence of the testator, if it is made in the form of an international will complying with the requirements of this chapter. 2. The invalid…

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 internatio…