North Dakota § 30.1-15-06 (3-406) Formal testacy proceedings - Contested cases

North Dakota Statutes

§ 30.1-15-06 — (3-406) Formal testacy proceedings - Contested cases

North Dakota § 30.1-15-06

Title 30.1Uniform Probate Code

Ch. 30.1-15Formal Testacy and Appointment Proceedings

This text of North Dakota § 30.1-15-06 ((3-406) Formal testacy proceedings - Contested cases) 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 § 30.1-15-06 (2026).

Text

In a contested case in which the proper execution of a will is at issue, the following rules apply:

1.If the will is self-proved pursuant to section 30.1-08-04, the will complies with the requirements for execution without the testimony of any attesting witness, upon filing the will and the acknowledgment and affidavits annexed or attached to it, unless there is evidence of fraud or forgery affecting the acknowledgment or affidavit.

2.If the will is notarized pursuant to paragraph 2 of subdivision c of subsection 1 of section 30.1-08-02, but not self-proved, there is a rebuttable presumption that the will complies with the requirements for execution upon filing the will.

3.If the will is witnessed pursuant to paragraph 1 of subdivision c of subsection 1 of section 30.1-08-02, but not n

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In a contested case in which the proper execution of a will is at issue, the following rules
apply:
1. If the will is self-proved pursuant to section 30.1-08-04, the will complies with the
requirements for execution without the testimony of any attesting witness, upon filing

the will and the acknowledgment and affidavits annexed or attached to it, unless there
is evidence of fraud or forgery affecting the acknowledgment or affidavit.
2. If the will is notarized pursuant to paragraph 2 of subdivision c of subsection 1 of
section 30.1-08-02, but not self-proved, there is a rebuttable presumption that the will
complies with the requirements for execution upon filing the will.
3. If the will is witnessed pursuant to paragraph 1 of subdivision c of subsection 1 of
section 30.1-08-02, but not notarized or self-proved, the testimony of at least one of
the attesting witnesses is required to establish proper execution if the witness is within
this state, competent, and able to testify. Proper execution may be established by
other evidence, including an affidavit of an attesting witness. An attestation clause that
is signed by the attesting witnesses raises a rebuttable presumption that the events
recited in the clause occurred.