A settlor who is not a plaintiff, a beneficiary named in the trust, and a settlor’s present intestate successors must be included as parties to the proceeding. For the purposes of this chapter, a beneficiary named in the trust and the settlor’s present intestate successors are deemed to possess inchoate property rights. Service of process upon the parties to the proceeding must be made in accordance with rule 4 of the North Dakota Rules of Civil Procedure.

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Terms Used In North Dakota Code 59-10.1-02

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Intestate: Dying without leaving a will.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • Service of process: The service of writs or summonses to the appropriate party.