§ 30.1-16-02 — (3-502) Supervised administration - Petition - Order

A petition for supervised administration may be filed by any interested person or by a
personal representative at any time or the request for supervised administration may be joined
with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the
priority and qualification of any personal representative have not been adjudicated previously,
the petition for supervised administration shall include the matters required of a petition in a
formal testacy proceeding and the notice requirements and procedures applicable to a formal
testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of
the decedent and questions relating to the priority and qualifications of the personal
representative in any case involving a request for supervised administration, even though the
request for supervised administration may be denied. After notice to interested persons, the
court shall order supervised administration of a decedent's estate:
1. If the decedent's will directs supervised administration, it shall be ordered unless the
court finds that circumstances bearing on the need for supervised administration have
changed since the execution of the will and that there is no necessity for supervised
administration.
2. If the decedent's will directs unsupervised administration, supervised administration
shall be ordered only upon a finding that it is necessary for protection of persons
interested in the estate.
3. In other cases if the court finds that supervised administration is necessary under the
circumstances.