§ 30.1-14-01 — (3-301) Informal probate or appointment proceedings - Application - Contents

North Dakota § 30.1-14-01

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-14: Informal Probate and Appointment Proceedings

Text

Contents.
1. Applications for informal probate or informal appointment shall be directed to the court,
and verified by the applicant to be accurate and complete to the best of the applicant's
knowledge and belief as to the following information:
a. Every application for informal probate of a will or for informal appointment of a
personal representative, other than a special or successor representative, shall
contain the following:
(1) A statement of the interest of the applicant.
(2) The name and date of death of the decedent, the decedent's age, and the
county and state of domicile at the time of death, and the names and
addresses of the spouse, children, heirs, and devisees, and the ages of any
who are minors so far as known or ascertainable with reasonable diligence
by the applicant.
(3) If the decedent was not domiciled in the state at the time of death, a
statement showing venue.
(4) A statement identifying and indicating the address of any personal
representative of the decedent appointed in this state or elsewhere whose
appointment has not been terminated.
(5) A statement indicating whether the applicant has received a demand for
notice, or is aware of any demand for notice of any probate or appointment
proceeding concerning the decedent that may have been filed in this state
or elsewhere.
(6) A statement that the time limit for informal probate or appointment under this
chapter has not expired because three years or less have elapsed since the
decedent's death, or, if more than three years from the death have elapsed,
circumstances described in section 30.1-12-08 have occurred authorizing
tardy probate or appointment.
b. An application for informal probate of a will shall state the following, in addition to
the statements required by subdivision a:
(1) That the original of the decedent's last will is in the possession of the court,
or accompanies the application, or that an authenticated copy of a will
probated in another jurisdiction accompanies the application.
(2) That the applicant, to the best of the applicant's knowledge, believes the will
to have been validly executed.
(3) That after the exercise of reasonable diligence, the applicant is unaware of
any instrument revoking the will, and that the applicant believes that the
instrument which is the subject of the application is the decedent's last will.
c. An application for informal appointment of a personal representative to administer
an estate under a will shall describe the will by date of execution and state the
time and place of probate or the pending application or petition for probate. The
application for appointment shall adopt the statements in the application or
petition for probate and state the name, address, and priority for appointment of
the person whose appointment is sought.
d. An application for informal appointment of an administrator in intestacy shall
state, in addition to the statements required by subdivision a:
(1) That after the exercise of reasonable diligence, the applicant is unaware of
any unrevoked testamentary instrument relating to property having a situs in
this state under section 30.1-02-01, or, a statement why any such
instrument of which the applicant may be aware is not being probated.
(2) The priority of the person whose appointment is sought and the names of
any other persons having a prior or equal right to the appointment under
section 30.1-13-03.

e. An application for appointment of a personal representative to succeed a
personal representative appointed under a different testacy status shall refer to
the order in the most recent testacy proceeding, state the name and address of
the person whose appointment is sought and of the person whose appointment
will be terminated if the application is granted, and describe the priority of the
applicant.
f. An application for appointment of a personal representative to succeed a
personal representative who has tendered a resignation as provided in
subsection 3 of section 30.1-17-10, or whose appointment has been terminated
by death or removal, shall adopt the statements in the application or petition
which led to the appointment of the person being succeeded except as
specifically changed or corrected, state the name and address of the person who
seeks appointment as successor, and describe the priority of the applicant.
2. By verifying an application for informal probate or informal appointment, the applicant
submits personally to the jurisdiction of the court in any proceeding for relief from fraud
relating to the application, or for perjury, that may be instituted against the applicant.