30.1-01 Short Title - Construction - General Provisions - Definitions
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<![CDATA[TITLE 30.1UNIFORM PROBATE CODECHAPTER 30.1-01SHORT TITLE - CONSTRUCTION - GENERAL PROVISIONS - DEFINITIONS30.1-01-01.(1-101) Short title.This title shall be known and may be cited as theUniform Probate Code.30.1-01-02. (1-102) Purposes - Rule of construction.1.This title shall be liberally construed and applied to promote its underlying purposes<br>and policies.2.The underlying purposes and policies of this title are:a.To simplify and clarify the law concerning the affairs of decedents, missing<br>persons, protected persons, minors, and incapacitated persons.b.To discover and make effective the intent of a decedent in distribution of the<br>decedent's property.c.To promote a speedy and efficient system for liquidating the estate of the<br>decedent and making distribution to the decedent's successors.d.To facilitate the use and enforcement of certain trusts.e.To make uniform the law among the various jurisdictions.30.1-01-03.(1-106) Effect of fraud and evasion.Whenever fraud has beenperpetrated in connection with any proceeding or in any statement filed under this title, or if fraud<br>is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby<br>may obtain appropriate relief against the perpetrator of the fraud or restitution from any person,<br>other than a bona fide purchaser, benefiting from the fraud, whether innocent or not.Anyproceeding must be commenced within two years after the discovery of the fraud, but no<br>proceeding may be brought against one not a perpetrator of the fraud later than five years after<br>the time of commission of the fraud. This section has no bearing on remedies relating to fraud<br>practiced on a decedent during the decedent's lifetime which affects the succession of the<br>decedent's estate.30.1-01-04. (1-107) Evidence of death or status. In addition to the rules of evidence incourts of general jurisdiction, the following rules relating to a determination of death and status<br>apply:1.Death occurs when an individual is determined to be dead under chapter 23-06.3.2.A certified or authenticated copy of a death certificate purporting to be issued by an<br>official or agency of the place where the death purportedly occurred is prima facie<br>evidence of the fact, place, date, and time of death, and the identity of the decedent.3.A certified or authenticated copy of any record or report of a governmental agency,<br>domestic or foreign, that an individual is missing, detained, dead, or alive is prima<br>facie evidence of the status and of the dates, circumstances, and places disclosed<br>by the record or report.Page No. 14.In the absence of prima facie evidence of death under subsection 2 or 3, the fact of<br>death may be established by clear and convincing evidence, including circumstantial<br>evidence.5.An individual whose death is not established under this section, who is absent for a<br>continuous period of five years, during which the person has not been heard from,<br>and whose absence is not satisfactorily explained after diligent search or inquiry, is<br>presumed to be dead. The death is presumed to have occurred at the end of the<br>period unless there is sufficient evidence for determining that death occurred earlier.6.In the absence of evidence disputing the time of death stated on a document<br>described in subsection 2 or 3, a document described in subsection 2 or 3 that<br>states a time of death one hundred twenty hours or more after the time of death of<br>another individual, however the time of death of the other individual is determined,<br>establishes by clear and convincing evidence that the individual survived the other<br>individual by one hundred twenty hours.30.1-01-05. (1-108) Acts by holder of general power. For the purpose of grantingconsent or approval with regard to the acts or accounts of a personal representative or trustee,<br>including relief from liability or penalty for failure to post bond, to register a trust, or to perform<br>other duties, and for purposes of consenting to modification or termination of a trust or to<br>deviation from its terms, the sole holder or all coholders of a presently exercisable general power<br>of appointment, including one in the form of a power of amendment or revocation, are deemed to<br>act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are<br>subject to the power.30.1-01-06. (1-201) General definitions. Subject to additional definitions contained inthe subsequent chapters which are applicable to specific chapters, and unless the context<br>otherwise requires, in this title:1."Agent" includes an attorney-in-fact under a durable or nondurable power of<br>attorney, an individual authorized to make decisions concerning another's health<br>care, and an individual authorized to make decisions for another under a natural<br>death act.2."Application" means a written request to the court for an order of informal probate or<br>appointment under chapter 30.1-14.3."Augmented estate" means the estate described in section 30.1-05-02.4."Beneficiary", as it relates to a trust beneficiary, includes a person who has any<br>present or future interest, vested or contingent, and also includes the owner of an<br>interest by assignment or other transfer; as it relates to a charitable trust, includes<br>any person entitled to enforce the trust; as it relates to a beneficiary of a beneficiary<br>designation, refers to a beneficiary of an account with a payable on death<br>designation, of a security registered in beneficiary form transferable on death, or<br>other nonprobate transfer at death; and, as it relates to a "beneficiary designated in<br>a governing instrument", includes a grantee of a deed, a devisee, a trust beneficiary,<br>a beneficiary of a beneficiary designation, a donee, or a person in whose favor a<br>power of attorney or a power held in any individual, fiduciary, or representative<br>capacity is exercised.5."Beneficiary designation" refers to a governing instrument naming a beneficiary of an<br>account with payable on death designation, of a security registered in beneficiary<br>form transferable on death, or other nonprobate transfer at death.6."Child" includes an individual entitled to take as a child under this title by intestate<br>succession from the parent whose relationship is involved and excludes a person<br>who is only a stepchild, a foster child, a grandchild, or any more remote descendant.Page No. 27."Claims", in respect to estates of decedents and protected persons, includes<br>liabilities of the decedent or protected person whether arising in contract, in tort, or<br>otherwise, and liabilities of the estate which arise at or after the death of the<br>decedent or after the appointment of a conservator, including funeral expenses and<br>expenses of administration. The term does not include estate or inheritance taxes or<br>demands or disputes regarding title of a decedent or protected person to specific<br>assets alleged to be included in the estate.8."Conservator" means a person who is appointed by a court to manage the estate of<br>a protected person, and includes limited conservators as defined in this section.9."Court" means the court having jurisdiction in matters relating to the affairs of<br>decedents.10."Descendant" of an individual means all descendants of all generations, with the<br>relationship of parent and child at each generation being determined by the definition<br>of child and parent contained in this title.11."Devise", when used as a noun, means a testamentary disposition of real or<br>personal property, and when used as a verb, means to dispose of real or personal<br>property by will.12."Devisee" means a person designated in a will to receive a devise. In the case of a<br>devise to an existing trust or trustee, or to a trustee or trust described by will, the<br>trust or trustee is the devisee and the beneficiaries are not devisees.13."Disability" means cause for a protective order as described in section 30.1-29-01.14."Distributee" means any person who has received property of a decedent from the<br>decedent's personal representative other than as a creditor or purchaser.Atestamentary trustee is a distributee only to the extent of distributed assets or<br>increment thereto remaining in the trustee's hands. A beneficiary of a testamentary<br>trust to whom the trustee has distributed property received from a personal<br>representative is a distributee of the personal representative. For the purposes of<br>this provision, "testamentary trustee" includes a trustee to whom assets are<br>transferred by will to the extent of the devised assets.15."Estate" includes the property of the decedent, trust, or other person whose affairs<br>are subject to this title as originally constituted and as it exists from time to time<br>during administration.16."Exempt property" means that property of a decedent's estate which is described in<br>section 30.1-07-01.17."Fiduciary" includes a personal representative, guardian, conservator, and trustee.18."Foreign personal representative" means a personal representative appointed by<br>another jurisdiction.19."Formal proceedings" means proceedings conducted before a judge with notice to<br>interested persons.20."Governing instrument" means a deed, will, trust, insurance or annuity policy,<br>account with payable on death designation, security registered in beneficiary form<br>transferable on death, pension, profit-sharing, retirement, or similar benefit plan,<br>instrument creating or exercising a power of appointment or a power of attorney, or a<br>dispositive, appointive, or nominative instrument of any similar type.Page No. 321."Guardian" means a person who or nonprofit corporation that has qualified as a<br>guardian of a minor or incapacitated person pursuant to testamentary or court<br>appointment, and includes limited guardians as defined in this section, but excludes<br>one who is merely a guardian ad litem.22."Heirs", except as controlled by section 30.1-09.1-11, means persons, including the<br>surviving spouse and the state, who are entitled under the statutes of intestate<br>succession to the property of a decedent.23."Incapacitated person" means an individual described in section 30.1-26-01.24."Informal proceedings" means those conducted by the court for probate of a will or<br>appointment of a personal representative without notice to interested persons.25."Interestedperson"includesheirs,devisees,children,spouses,creditors,beneficiaries, and any others having a property right in or claim against a trust estate<br>or the estate of a decedent, ward, or protected person. The term also includes<br>persons having priority for appointment as personal representative and other<br>fiduciaries representing interested persons. The meaning as it relates to particular<br>persons may vary from time to time and must be determined according to the<br>particular purposes of, and matter involved in, any proceeding.26."Issue" of a person means descendant as defined in subsection 10.27."Joint tenants with the right of survivorship" and "community property with the right<br>of survivorship" includes coowners of property held under circumstances that entitle<br>one or more to the whole of the property on the death of the other or others, but<br>excludes forms of coownership registration in which the underlying ownership of<br>each party is in proportion to that party's contribution.28."Lease" includes an oil, gas, or other mineral lease.29."Letters"includesletterstestamentary,lettersofguardianship,lettersofadministration, and letters of conservatorship.30."Limited conservator" means a person or nonprofit corporation, appointed by the<br>court, to manage only those financial resources specifically enumerated by the court<br>for the person with limited capacity and includes limited conservators as described<br>by section 30.1-29-20.31."Limited guardian" means a person or nonprofit corporation, appointed by the court,<br>to supervise certain specified aspects of the care of a person with limited capacity<br>and includes limited guardians as described by section 30.1-28-04.32."Minor" means a person who is under eighteen years of age.33."Mortgage" means any conveyance, agreement, or arrangement in which property is<br>encumbered or used as security.34."Nonresident decedent" means a decedent who was domiciled in another jurisdiction<br>at the time of death.35."Organization" means a corporation, limited liability company, government or<br>governmental subdivision or agency, business trust, estate, trust, partnership, joint<br>venture, association, or any other legal or commercial entity.36."Parent" includes any person entitled to take, or who would be entitled to take if the<br>child died without a will, as a parent under this title, by intestate succession from thePage No. 4child whose relationship is in question and excludes any person who is only a<br>stepparent, foster parent, or grandparent.37."Payer" means a trustee, insurer, business entity, employer, government,<br>governmental agency or subdivision, or any other person authorized or obligated by<br>law or a governing instrument to make payments.38."Person" means an individual, a corporation, a limited liability company, an<br>organization, or other legal entity.39."Person with limited capacity" is as defined in section 30.1-26-01.40."Personal representative" includes executor, administrator, successor personal<br>representative, special administrator, and persons who perform substantially the<br>same function under the law governing their status."General personalrepresentative" excludes special administrator.41."Petition" means a written request to the court for an order after notice.42."Proceeding" includes action at law and suit in equity.43."Property" includes both real and personal property or any interest therein and<br>means anything that may be the subject of ownership.44."Protected person" is as defined in section 30.1-26-01.45."Protective proceeding" means a proceeding described in section 30.1-26-01.46."Record" means information that is inscribed on a tangible medium or that is stored<br>in an electronic or other medium and is retrievable in perceivable form.47."Security" includes any note, stock, treasury stock, bond, debenture, membership<br>interest in a limited liability company, evidence of indebtedness, certificate of interest<br>or participation in an oil, gas, or mining title or lease or in payments out of production<br>under such a title or lease, collateral trust certificate, transferable share, voting trust<br>certificate or, in general, any interest or instrument commonly known as a security,<br>or any certificate of interest or participation, any temporary or interim certificate,<br>receipt, or certificate of deposit for, or any warrant or right to subscribe to or<br>purchase, any of the foregoing.48."Settlement", in reference to a decedent's estate, includes the full process of<br>administration, distribution, and closing.49."Sign" means, with present intent to authenticate or adopt a record other than a will,<br>to execute or adopt a tangible symbol or to attach to or logically associate with the<br>record an electronic symbol, sound, or process.50."Special administrator" means a personal representative as described by sections<br>30.1-17-14 through 30.1-17-18.51."State" means a state of the United States, the District of Columbia, the<br>Commonwealth of Puerto Rico, or any territory or insular possession subject to the<br>jurisdiction of the United States.52."Successor personal representative" means a personal representative, other than a<br>special administrator, who is appointed to succeed a previously appointed personal<br>representative.Page No. 553."Successors" means persons, other than creditors, who are entitled to property of a<br>decedent under the decedent's will or this title.54."Supervised administration" refers to the proceedings described in chapter 30.1-16.55."Survive" means that an individual has neither predeceased an event, including the<br>death of another individual, nor predeceased an event under sections 30.1-04-04<br>and 30.1-09.1-02. The term includes its derivatives, such as "survives", "survived",<br>"survivor", and "surviving".56."Testacy proceeding" means a proceeding to establish a will or determine intestacy.57."Trust" includes an express trust, private or charitable, with additions thereto,<br>wherever and however created.The term also includes a trust created ordetermined by judgment or decree under which the trust is to be administered in the<br>manner of an express trust.The term excludes other constructive trusts andexcludes resulting trusts, conservatorships, personal representatives, trust accounts<br>as defined in custodial arrangements pursuant to chapter 11-22, chapter 12-48,<br>sections 25-01.1-19 to 25-01.1-21, chapter 32-10, section 32-16-37, chapter 32-26,<br>former chapter 47-24, chapter 47-24.1, business trusts providing for certificates to be<br>issued to beneficiaries, common trust funds, voting trusts, security arrangements,<br>liquidation trusts, and trusts for the primary purpose of paying debts, dividends,<br>interest, salaries, wages, profits, pensions, or employee benefits of any kind, and<br>any arrangement under which a person is nominee or escrowee for another.58."Trustee" includes an original, additional, or successor trustee, whether or not<br>appointed or confirmed by court.59."Ward" means an individual described in section 30.1-26-01.60."Will" includes codicil and any testamentary instrument that merely appoints an<br>executor, revokes or revises another will, nominates a guardian, or expressly<br>excludes or limits the right of an individual or class to succeed to property of the<br>decedent passing by intestate succession.Page No. 6Document Outlinechapter 30.1-01 short title - construction - general provisions - definitions]]>