§ 30.1-27-05 — (5-205) Jurisdiction and venue

North Dakota § 30.1-27-05

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-27: Guardians of Minors

Text

1. The district court where the will is probated has exclusive jurisdiction over the following
procedures that are governed by this chapter:
a. To approve the acceptance of a testamentary appointment of a guardian; and
b. To transfer a case to juvenile court in the event of an objection to the
testamentary appointment under section 30.1-27-07.
2. The juvenile court under chapter 27-20.1 has exclusive original jurisdiction over
proceedings to consider objections to the testamentary appointment under
section 30.1-27-07 and over the court appointment of a guardian of a minor except the
appointment of a guardian for a minor becoming an incapacitated adult under section
30.1-28-03.3. Any person interested in the welfare of a minor may petition the juvenile
court for the appointment of a guardian under section 27-20.1-05 in the following
situations:
a. If there is a living parent of the minor, known or unknown;
b. If the testamentary guardian fails to accept appointment as guardian within sixty
days after the death of the minor's last living parent;
c. If both parents are dead or the surviving parent's rights have been terminated by
prior court order, but there has been no appointment of a guardian for the minor
by will; or
d. If a guardianship of a minor is sought for any other reason.