§ 30.1-21-02 — (3-1002) Formal proceedings terminating testate administration - Order construing will without adjudicating testacy

construing will without adjudicating testacy.
A personal representative administering an estate under an informally probated will or any
devisee under an informally probated will may petition for an order of settlement of the estate
which will not adjudicate the testacy status of the decedent. The personal representative may
petition at any time, and a devisee may petition after one year, from the appointment of the
original personal representative, except that no petition under this section may be entertained
until the time for presenting claims which arose prior to the death of the decedent has expired.
The petition may request the court to consider the final account or compel or approve an
accounting and distribution, to construe the will and adjudicate final settlement and distribution
of the estate. After notice to all devisees and the personal representative and hearing, the court
may enter an order or orders, on appropriate conditions, determining the persons entitled to
distribution of the estate under the will, and, as circumstances require, approving settlement and
directing or approving distribution of the estate and discharging the personal representative from
further claim or demand of any devisee who is a party to the proceeding and those the devisee
represents. If it appears that a part of the estate is intestate, the proceedings shall be dismissed
or amendments made to meet the provisions of section 30.1-21-01.