§ 30.1-28-03.2 — Authorization of a single transaction to sell, encumber, or transfer ownership of real or personal property of the ward

North Dakota § 30.1-28-03.2

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-28: Guardians of Incapacitated Persons

Text

ownership of real or personal property of the ward.
1. A guardian may move the court for authorization to sell, mortgage, lease, or otherwise
encumber or transfer ownership of the real or personal property of the ward, valued at
over two thousand five hundred dollars, upon such terms as the court may order, for
the purpose of paying the ward's debts; providing for the care, maintenance,
rehabilitation, training, or education of the ward or the ward's dependents; or for any
other purpose which is in the best interests of the ward.
2. The motion must contain:
a. The type of property;
b. A description of the property;
c. The type of transaction;
d. The details of the transaction;
e. The reason for the transaction;
f. The current fair market value of the property:
(1) For real property, an appraisal must be provided unless good cause is
shown; or
(2) For personal property, a description of how the guardian arrived at the fair
market value must be provided;
g. An explanation of why the transaction is in the best interests of the ward; and

h. A notice that any person interested in the ward's property that opposes the
transaction shall file an objection within ten days of the notice and demand a
hearing.
3. The motion must be served upon those identified in section 30.1-28-09.1.
4. Any consents of the ward's spouse or interested persons must be filed with the motion.
If the motion is unopposed, the court may authorize the transaction without a hearing
or may conduct a hearing and require proof of the matters necessary to support the
authorization of the transaction.
5. The court's order must include specific findings regarding whether the transaction is in
the best interests of the ward.