Title 14, Title 14: Decedents' Estates and Fiduciary Relations

§ 3. Will may pass all property and after-acquired property 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. (Amended 2017, No. 195 (Adj. Sess.), § 1.)

§ 5. Execution of will; requisites (a) A will shall be: (1) in writing; (2) signed in the presence of two or more credible witnesses by the testator or in the testator’s name by some other person in the testator’s presence and by the testator’s express direction; and (3) attested…

§ 7. How made by soldier or sailor; military will (a) The provisions of this chapter shall not prevent a person in active military service from disposing of his or her estate as he or she might otherwise have done. (b) Notwithstanding any other provision of law, a military will p…

§ 101. Will not effective until allowed To be effective, a will must be allowed in the Probate Division of the Superior Court, or by appeal in the Civil Division of the Superior Court or the Supreme Court. (Amended 1985, No. 144 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 1…

§ 102. Allowance conclusive as to execution The allowance of a will shall be conclusive as to its due execution and validity. (Amended 1985, No. 144 (Adj. Sess.), § 13; 2017, No. 195 (Adj. Sess.), § 2.)

§ 103. Custodian of will to deliver If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor named in the will. (Amende…

§ 104. Executor to present will and accept or refuse trust (a) A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable prom…

§ 106. Duty of custodian of will; liability (a) After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A person who intentionally refuses or fails…

§ 107. Allowance of will; custody of property (a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Prob…

§ 108. Self-proved wills A will may be self-proved as to its execution, by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution in the following circumstances: (1) The te…

§ 110. Absence of witness, proof When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in pers…

§ 111. Notice to beneficiaries Within 30 days after the allowance of a will, the court shall mail, postage paid, a written notice thereof to each beneficiary, devisee, or legatee named in the will, and to any other person who contested the allowance. (Amended 1985, No. 144 (Adj. …

§ 112. Wills made out of state (a) A last will and testament executed outside this State in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed and shall be of the same force and effect as if exe…

§ 113. Wills allowed out of state—Generally A will allowed in any other state, or in a foreign country, according to the laws of that state or country, may be the subject of ancillary administration in the Probate Division of the Superior Court. (Amended 1971, No. 179 (Adj. Sess.…

§ 114. Petition and hearing on (a) When a will has been allowed in any other state or country, as provided in section 113 of this title, an executor or other person interested may file a petition for ancillary administration. The petition shall contain: (1) a duly authenticated c…

§ 115. Order for filing If the instrument is allowed in this State as the last will and testament of the deceased, the copy shall be filed and recorded and the will shall have the same effect as if originally allowed in the same court. (Amended 1971, No. 179 (Adj. Sess.), § 4; 19…

§ 118. Referral to Superior Court The Probate Division of the Superior Court may, on its own motion or upon motion of an interested person, refer a matter directly to the Civil Division of the Superior Court for the purpose of conserving judicial resources. The Probate Division s…

§ 131. Definitions As used in this chapter: (1) “International will” means a will executed pursuant to the requirements of this chapter. (2) “Authorized person” and “person authorized to act in connection with international wills” means a person who is authorized to supervise the…

§ 132. Validity (a) A will made in the form of an international will in compliance with the requirements of this chapter shall be valid with regard to form, irrespective of the place where it is made, the location of the assets, or the nationality, domicile, or residence of the t…

§ 133. Requirements (a) An international will shall comply with the following requirements: (1) The will shall be in writing. It need not be written by the testator, and may be written in any language, by hand or by any other means. (2) The testator shall declare in the presence …

§ 134. Other points of form (a) The signatures shall be placed at the end of the will. If the will consists of more than one sheet, each sheet shall be numbered and signed by the testator or, if he or she is unable to sign, by the person signing on the testator’s behalf. If no pe…

§ 135. Certificate (a) The authorized person shall sign and attach to the will a certificate establishing that there has been compliance with the requirements of this chapter for valid execution of an international will. The authorized person shall keep a copy of the certificate …

§ 136. Effect of certificate In the absence of contrary evidence, a certificate by an authorized person that complies with the requirements of section 135 of this title shall be conclusive as to the formal validity of the instrument as a will under this chapter. The absence or ir…

§ 137. Revocation An international will may be revoked in any manner permitted by section 11 of this title. (Added 2019, No. 11, § 1.)

§ 138. Source and construction Sections 131-137 of this chapter are derived from the Annex to the Convention on Providing a Uniform Law on the Form of an International Will, October 26, 1973. When interpreting and applying this chapter, courts shall be guided by its international…

§ 139. Authorized persons A person who is admitted in good standing and has an active law license to practice law in this State shall be an authorized person in relation to international wills. (Added 2019, No. 11, § 1.)

§ 140. Self proved A will that meets the requirements of this chapter is self-proved and shall be allowed by the probate court. (Added 2019, No. 11, § 1.)

§ 202. When parties bound by others In judicial proceedings involving trusts under this title or estates of decedents, minors, or persons under guardianship, the following apply: (1) Persons are bound by orders binding others in the following cases: (A) Orders binding the sole ho…

§ 203. Probate proceedings; service; jurisdiction over persons In proceedings within the exclusive jurisdiction of the Probate Division of the Superior Court where notice is required, interested persons may be bound by the orders of the court in respect to property in or subject …

§ 204. Definitions As used in this title: (1) “Interested person” includes heirs, devisees, legatees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, or person under guardianship t…

§ 301. Intestate estate (a) Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs, except as modified by the decedent’s will. (b) A decedent’s will may expressly exclude or limit the right of an individual or a …

§ 302. Dower and curtesy abolished The estates of dower and curtesy are abolished. (Added 2009, No. 55, § 5, eff. June 1, 2009.)

§ 303. Afterborn heirs For purposes of this chapter and chapter 1 of this title relating to wills, an individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. (Added 2009, No. 55, § 5, eff. June 1, 2009.…

§ 311. Share of surviving spouse After payment of the debts, funeral charges, allowances to the surviving spouse and children pursuant to sections 316 and 317 of this title, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows: (1) …

§ 312. Surviving spouse to receive household goods Upon motion, the surviving spouse of a decedent may receive out of the decedent’s estate all furnishings and furniture in the decedent’s household. If any objection is made, the Probate Division of the Superior Court shall decide…

§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle Whenever the estate of a decedent who dies intestate consists principally of a vessel, snowmobile, or all-terrain vehicle, the surviving spouse shall be deemed to be the owner of the vessel, snowmobile, or all-te…

§ 314. Share of heirs other than surviving spouse (a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation. (b) If there is no taker under subsection (a) …

§ 315. Parent and child relationship (a) For the purpose of intestate succession, an individual is the child of his or her parents, regardless of their marital status, but a parent shall not inherit from a child unless the parent has openly acknowledged the child and not refused …

§ 316. Allowances for surviving spouse and family during administration The Probate Division of the Superior Court may make reasonable allowance for the necessary expenses of support and maintenance of the surviving spouse and minor children or either, constituting the family of …

§ 317. Allowance to children before payment of debts The court may make reasonable allowance for the necessary expenses of support and maintenance of any children of the decedent until they reach 18 years of age. The court may order the executor or administrator to retain suffici…

§ 318. Allowance to children after payment of debts Before any partition or division of an estate among the heirs or beneficiaries by will, an allowance may be made for the necessary expenses of support and maintenance of the children of the decedent until they reach 18 years of …

§ 319. Elective share of surviving spouse; notice of rights (a) Subject to subsection (d) of this section, a surviving spouse may elect to waive the provisions of the decedent’s will and in lieu thereof elect to take one-half of the balance of the probate estate, after the paymen…

§ 320. Effect of divorce order A final divorce or dissolution order from any state shall nullify a gift by will to an individual who was the decedent’s spouse at the time the will was executed and any nomination of the spouse as executor, executrix, trustee, guardian, or other fi…

§ 321. Conveyance to defeat spouse’s interest (a) A voluntary transfer of any property by an individual during a marriage or civil union and not to take effect until at or after the individual’s death, made without adequate consideration and for the primary purpose of defeating a…

§ 322. Unlawful killing affecting inheritance Notwithstanding sections 311 through 314 of this title or provisions otherwise made, in any case in which an individual is entitled to inherit or receive property under the last will of a decedent, or otherwise, the individual’s share…

§ 323. Written waiver of spousal rights (a) At any time before or during a marriage, a spouse may waive the right to an elective share of a deceased spouse’s estate, waive the right to a homestead or other allowance, and waive any other spousal rights or interest in property, in …