North Dakota Code 30.1-14-08 – (3-308) Informal appointment proceedings – Proof and findings required
1. In informal appointment proceedings, the court shall determine whether:
Terms Used In North Dakota Code 30.1-14-08
- Decedent: A deceased person.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The application for informal appointment of a personal representative is complete. b. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief.
c. The applicant appears from the application to be an interested person as defined in section 30.1-01-06.
d. On the basis of the statements in the application, venue is proper.
e. Any will to which the requested appointment relates has been formally or informally probated, but this requirement does not apply to the appointment of a special administrator.
f. Any notice required by section 30.1-13-04 has been given.
g. From the statements in the application, the person whose appointment is sought has priority entitling the person to the appointment.
2. Unless section 30.1-17-12 controls, the application must be denied if it indicates that a personal representative who has not filed a written statement of resignation as provided in subsection 3 of section 30.1-17-10 has been appointed in this or another county of this state, that, unless the applicant is the domiciliary personal representative or the representative’s nominee, the decedent was not domiciled in this state and that a personal representative whose appointment has not been terminated has been appointed by a court in the state of domicile or that other requirements of this section have not been met.