North Dakota § 30.1-15-01 (3-401) Formal testacy proceedings - Nature - When commenced

North Dakota Statutes

§ 30.1-15-01 — (3-401) Formal testacy proceedings - Nature - When commenced

North Dakota § 30.1-15-01

Title 30.1Uniform Probate Code

Ch. 30.1-15Formal Testacy and Appointment Proceedings

This text of North Dakota § 30.1-15-01 ((3-401) Formal testacy proceedings - Nature - When commenced) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-15-01 (2026).

Text

1.A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in subsection 1 of section 30.1-15-02 in which the interested person requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with subsection 2 of section 30.1-15-02 for an order that the decedent died intestate.

2.A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a

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1. A formal testacy proceeding is litigation to determine whether a decedent left a valid
will. A formal testacy proceeding may be commenced by an interested person filing a
petition as described in subsection 1 of section 30.1-15-02 in which the interested
person requests that the court, after notice and hearing, enter an order probating a
will, or a petition to set aside an informal probate of a will or to prevent informal
probate of a will which is the subject of a pending application, or a petition in
accordance with subsection 2 of section 30.1-15-02 for an order that the decedent
died intestate.
2. A petition may seek formal probate of a will without regard to whether the same or a
conflicting will has been informally probated. A formal testacy proceeding may, but
need not, involve a request for appointment of a personal representative.
3. During the pendency of a formal testacy proceeding, the court shall not act upon any
application for informal probate of any will of the decedent or any application for
informal appointment of a personal representative of the decedent.
4. Unless a petition in a formal testacy proceeding also requests confirmation of the
previous informal appointment, a previously appointed personal representative, after
receipt of notice of the commencement of a formal probate proceeding, must refrain
from exercising the power to make any further distribution of the estate during the
pendency of the formal proceeding. A petitioner who seeks the appointment of a
different personal representative in a formal proceeding also may request an order
restraining the acting personal representative from exercising any of the powers of that
office and requesting the appointment of a special administrator. In the absence of a
request, or if the request is denied, the commencement of a formal proceeding has no
effect on the powers and duties of a previously appointed personal representative
other than those relating to distribution.