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·Title 30.1 Uniform Probate Code·Ch. 30.1-15 Formal Testacy and Appointment Proceedings

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.

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