North Dakota Code 30.1-14-01 – (3-301) Informal probate or appointment proceedings – Application – Contents
1. Applications for informal probate or informal appointment shall be directed to the court, and verified by the applicant to be accurate and complete to the best of the applicant’s knowledge and belief as to the following information:
Terms Used In North Dakota Code 30.1-14-01
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Decedent: A deceased person.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probate: Proving a will
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Venue: The geographical location in which a case is tried.
- Verified: means sworn to before an officer authorized to administer oaths. See North Dakota Code 1-01-42
a. Every application for informal probate of a will or for informal appointment of a personal representative, other than a special or successor representative, shall contain the following:
(1) A statement of the interest of the applicant.
(2) The name and date of death of the decedent, the decedent’s age, and the county and state of domicile at the time of death, and the names and addresses of the spouse, children, heirs, and devisees, and the ages of any who are minors so far as known or ascertainable with reasonable diligence by the applicant.
(3) If the decedent was not domiciled in the state at the time of death, a statement showing venue.
(4) A statement identifying and indicating the address of any personal representative of the decedent appointed in this state or elsewhere whose appointment has not been terminated.
(5) A statement indicating whether the applicant has received a demand for notice, or is aware of any demand for notice of any probate or appointment proceeding concerning the decedent that may have been filed in this state or elsewhere.
(6) A statement that the time limit for informal probate or appointment under this chapter has not expired because three years or less have elapsed since the decedent’s death, or, if more than three years from the death have elapsed, circumstances described in section 30.1-12-08 have occurred authorizing tardy probate or appointment.
b. An application for informal probate of a will shall state the following, in addition to the statements required by subdivision a:
(1) That the original of the decedent’s last will is in the possession of the court, or accompanies the application, or that an authenticated copy of a will probated in another jurisdiction accompanies the application.
(2) That the applicant, to the best of the applicant’s knowledge, believes the will to have been validly executed.
(3) That after the exercise of reasonable diligence, the applicant is unaware of any instrument revoking the will, and that the applicant believes that the instrument which is the subject of the application is the decedent’s last will.
c. An application for informal appointment of a personal representative to administer an estate under a will shall describe the will by date of execution and state the time and place of probate or the pending application or petition for probate. The application for appointment shall adopt the statements in the application or petition for probate and state the name, address, and priority for appointment of the person whose appointment is sought.
d. An application for informal appointment of an administrator in intestacy shall state, in addition to the statements required by subdivision a:
(1) That after the exercise of reasonable diligence, the applicant is unaware of any unrevoked testamentary instrument relating to property having a situs in this state under section 30.1-02-01, or, a statement why any such instrument of which the applicant may be aware is not being probated.
(2) The priority of the person whose appointment is sought and the names of any other persons having a prior or equal right to the appointment under section 30.1-13-03.
e. An application for appointment of a personal representative to succeed a personal representative appointed under a different testacy status shall refer to the order in the most recent testacy proceeding, state the name and address of the person whose appointment is sought and of the person whose appointment will be terminated if the application is granted, and describe the priority of the applicant.
f. An application for appointment of a personal representative to succeed a personal representative who has tendered a resignation as provided in subsection 3 of section 30.1-17-10, or whose appointment has been terminated by death or removal, shall adopt the statements in the application or petition which led to the appointment of the person being succeeded except as specifically changed or corrected, state the name and address of the person who seeks appointment as successor, and describe the priority of the applicant.
2. By verifying an application for informal probate or informal appointment, the applicant submits personally to the jurisdiction of the court in any proceeding for relief from fraud relating to the application, or for perjury, that may be instituted against the applicant.