§ 30.1-27-02 — (5-202) Testamentary appointment of guardian of minor

The parent of a minor may appoint by will a guardian of an unmarried minor. A testamentary
appointment becomes effective upon filing the guardian's acceptance in the court in which the
will is probated and remains effective upon approval by the court either after or without a
hearing, if, before acceptance, both parents are dead or the surviving parent's rights have been
terminated by prior court order. If both parents are dead, an effective appointment by the parent
who died later has priority. This state recognizes a testamentary appointment effected by filing
the guardian's acceptance under a will probated in another state which is the testator's domicile
and upon approval by the court either after or without a hearing. Upon acceptance of
appointment, written notice of acceptance must be given by the guardian to the minor and to the
person having the minor's care or to the minor's nearest adult relative under section 27-20.3-02.
Within forty-five days of the filing of acceptance, the testamentary guardian must file with the
court a criminal history record check report and affidavit stating whether the proposed guardian
has been investigated for offenses related to theft, fraud, or the abuse, neglect, or exploitation of
an adult or child and shall provide a release authorizing access to any record information
maintained by an agency in this or another state or a federal agency.