§ 30.1-12-08 — (3-108) Probate, testacy, and appointment proceedings - Ultimate time limit

limit.
No informal probate or appointment proceeding or formal testacy or appointment
proceeding, other than a proceeding to probate a will previously probated at the testator's
domicile and appointment proceedings relating to an estate in which there has been a prior
appointment, may be commenced more than three years after the decedent's death, except:
1. If a previous proceeding was dismissed because of doubt about the fact of the
decedent's death, appropriate probate, appointment, or testacy proceedings may be
maintained at any time thereafter upon a finding that the decedent's death occurred
prior to the initiation of the previous proceeding and the applicant or petitioner has not
delayed unduly in initiating the subsequent proceedings.
2. Appropriate probate, appointment, or testacy proceedings may be maintained in
relation to the estate of an absent, disappeared, or missing person for whose estate a
conservator has been appointed, at any time within three years after the conservator
becomes able to establish the death of the protected person.
3. A proceeding to contest an informally probated will and to secure appointment of the
person with legal priority for appointment in the event the contest is successful may be
commenced within the later of twelve months from the informal probate or three years
from the decedent's death.
4. An informal appointment or a formal testacy or appointment proceeding may be
commenced thereafter if no proceeding concerning the succession or estate
administration has occurred within the three-year period after the decedent's death,
but the personal representative has no right to possess estate assets as provided in
section 30.1-18-09 beyond that necessary to confirm title to the assets in the
successors to the estate and claims other than expenses of administration may not be
presented against the estate.
5. A formal testacy proceeding may be commenced at any time after three years from the
decedent's death for the purpose of establishing an instrument to direct or control the
ownership of property passing or distributable after the decedent's death from one
other than the decedent when the property is to be appointed by the terms of the
decedent's will or is to pass or be distributed as a part of the decedent's estate or its
transfer is otherwise to be controlled by the terms of the decedent's will.
These limitations do not apply to proceedings to construe probated wills or determine heirs of an
intestate. In cases under subsection 1 or 2, the date on which a testacy or appointment
proceeding is properly commenced shall be deemed to be the date of the decedent's death for
purposes of other limitations provisions of this title which relate to the date of death.