§ 30.1-14-08 — (3-308) Informal appointment proceedings - Proof and findings required

North Dakota § 30.1-14-08

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

Text

1. In informal appointment proceedings, the court shall determine whether:
a. The application for informal appointment of a personal representative is complete.
b. The applicant has made oath or affirmation that the statements contained in the
application are true to the best of the applicant's knowledge and belief.
c. The applicant appears from the application to be an interested person as defined
in section 30.1-01-06.
d. On the basis of the statements in the application, venue is proper.

e. Any will to which the requested appointment relates has been formally or
informally probated, but this requirement does not apply to the appointment of a
special administrator.
f. Any notice required by section 30.1-13-04 has been given.
g. From the statements in the application, the person whose appointment is sought
has priority entitling the person to the appointment.
2. Unless section 30.1-17-12 controls, the application must be denied if it indicates that a
personal representative who has not filed a written statement of resignation as
provided in subsection 3 of section 30.1-17-10 has been appointed in this or another
county of this state, that, unless the applicant is the domiciliary personal representative
or the representative's nominee, the decedent was not domiciled in this state and that
a personal representative whose appointment has not been terminated has been
appointed by a court in the state of domicile or that other requirements of this section
have not been met.