North Dakota § 30.1-15-07 (3-407) Formal testacy proceedings - Burdens in contested cases

North Dakota Statutes

§ 30.1-15-07 — (3-407) Formal testacy proceedings - Burdens in contested cases

North Dakota § 30.1-15-07

Title 30.1Uniform Probate Code

Ch. 30.1-15Formal Testacy and Appointment Proceedings

This text of North Dakota § 30.1-15-07 ((3-407) Formal testacy proceedings - Burdens in 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 § 30.1-15-07 (2026).

Text

In contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue, and heirship. Proponents of a will have the
burden of establishing prima facie proof of due execution in all cases, and, if they are also
petitioners, prima facie proof of death and venue. Contestants of a will have the burden of
establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake,
revocation, or other cause affecting its validity. Parties have the ultimate burden of persuasion
as to matters with respect to which they have the initial burden of proof. If a will is opposed by
the petition for probate of a later will revoking the former, it shall be determined first whether the
later will is entitled to probate, and if a 

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In contested cases, petitioners who seek to establish intestacy have the burden of
establishing prima facie proof of death, venue, and heirship. Proponents of a will have the
burden of establishing prima facie proof of due execution in all cases, and, if they are also
petitioners, prima facie proof of death and venue. Contestants of a will have the burden of
establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake,
revocation, or other cause affecting its validity. Parties have the ultimate burden of persuasion
as to matters with respect to which they have the initial burden of proof. If a will is opposed by
the petition for probate of a later will revoking the former, it shall be determined first whether the
later will is entitled to probate, and if a will is opposed by a petition for a declaration of intestacy,
it shall be determined first whether the will is entitled to probate.