§ 30.1-15-14 — (3-414) Formal proceedings concerning appointment of personal representative

representative.
1. A formal proceeding for adjudication regarding the priority or qualification of one who is
an applicant for appointment as personal representative, or of one who previously has
been appointed personal representative in informal proceedings, if an issue
concerning the testacy of the decedent is or may be involved, is governed by section
30.1-15-02, as well as by this section. In other cases, the petition shall contain or
adopt the statements required by subsection 1 of section 30.1-14-01 and describe the
question relating to priority or qualification of the personal representative which is to be
resolved. If the proceeding precedes any appointment of a personal representative, it
shall stay any pending informal appointment proceedings as well as any commenced
thereafter. If the proceeding is commenced after appointment, the previously
appointed personal representative, after receipt of notice thereof, shall refrain from
exercising any power of administration except as necessary to preserve the estate or
unless the court orders otherwise.
2. After notice to interested persons, including all persons interested in the administration
of the estate as successors under the applicable assumption concerning testacy, any
previously appointed personal representative, and any person having or claiming
priority for appointment as personal representative, the court shall determine who is
entitled to appointment under section 30.1-13-03, make a proper appointment and, if
appropriate, terminate any prior appointment found to have been improper as provided
in cases of removal under section 30.1-17-11.