§ 30.1-31-12 — (6-215) Rights of creditors and others

North Dakota § 30.1-31-12

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-31: Nonprobate Transfers on Death

Text

1. If other assets of the estate are insufficient, a transfer resulting from a right of
survivorship or P.O.D. designation under sections 30.1-31-02 through 30.1-31-20 is not
effective against the estate of a deceased party to the extent needed to pay claims
against the estate and statutory allowances to the surviving spouse and children.
2. A surviving party or beneficiary who receives payment from an account after death of a
party is liable to account to the personal representative of the decedent for a
proportionate share of the amount received to which the decedent, immediately before
death, was beneficially entitled under section 30.1-31-08, to the extent necessary to
discharge the claims and allowances described in subsection 1 remaining unpaid after
application of the decedent's estate. A proceeding to assert the liability may not be
commenced unless the personal representative has received a written demand by the
surviving spouse, a creditor, a child, or a person acting for a child of the decedent. The
proceeding must be commenced within one year after death of the decedent.
3. A surviving party or beneficiary against whom a proceeding to account is brought may
join as a party to the proceeding a surviving party or beneficiary of any other account
of the decedent.
4. Sums recovered by the personal representative must be administered as part of the
decedent's estate. This section does not affect the protection from claims of the
personal representative or estate of a deceased party provided in section 30.1-31-19
for a financial institution that makes payment in accordance with the terms of the
account.