§ 30.1-17-12 — (3-612) Termination of appointment - Change of testacy status

Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the
appointment of a personal representative in intestacy or under a will which is superseded by
formal probate of another will, or the vacation of an informal probate of a will subsequent to the
appointment of the personal representative thereunder, does not terminate the appointment of
the personal representative although the personal representative's powers may be reduced as
provided in section 30.1-15-01. Termination occurs upon appointment in informal or formal
appointment proceedings of a person entitled to appointment under the later assumption
concerning testacy. If no request for new appointment is made within thirty days after expiration

of time for appeal from the order in formal testacy proceedings, or from the informal probate,
changing the assumption concerning testacy, the previously appointed personal representative
upon request may be appointed personal representative under the subsequently probated will,
or as in intestacy, as the case may be.