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30.1-02 Scope, Jurisdiction, and Courts

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CHAPTER 30.1-02SCOPE, JURISDICTION, AND COURTS30.1-02-01. (1-301) Territorial application. Except as otherwise provided in this title,this title applies to:1.The affairs and estates of decedents, missing persons, and persons to be protected,<br>domiciled in this state.2.The property of nonresidents located in this state or property coming into the control<br>of a fiduciary which is subject to the laws of this state.3.Incapacitated persons and minors in this state.4.Survivorship and related accounts in this state.5.Trusts subject to administration in this state.30.1-02-02. (1-302) Subject matter jurisdiction. The district court has jurisdiction overall subject matter relating to guardianship, probate, and testamentary matters, including:1.Estates of decedents, including construction of wills and determination of heirs and<br>successors of decedents.2.Estates of protected persons.3.Protection of minors and incapacitated persons.4.Trusts.30.1-02-03. (1-303) Venue - Multiple proceedings - Transfer.1.Where a proceeding under this title could be maintained in more than one place in<br>this state, the court in which the proceeding is first commenced has the exclusive<br>right to proceed.2.If proceedings concerning the same estate, protected person, ward, or trust are<br>commenced in more than one court of this state, the court in which the proceeding<br>was first commenced shall continue to hear the matter, and the other courts shall<br>hold the matter in abeyance until the question of venue is decided, and if the ruling<br>court determines that venue is properly in another court, it shall transfer the<br>proceeding to the other court.3.If a court finds that in the interest of justice a proceeding or a file should be located in<br>another court of this state, the court making the finding may transfer the proceeding<br>or file to the other court.30.1-02-04. (1-304) Practice in court. Unless specifically provided to the contrary in thistitle or unless inconsistent with its provisions, the Rules of Civil Procedure, including the rules<br>concerning vacation of orders and appellate review, govern formal proceedings under this title.30.1-02-05. (1-305) Records and certified copies. The court or clerk of court shallkeep a record for each decedent, ward, protected person, or trust involved in any document<br>which may be filed with the court under this title, including petitions and applications, demands<br>for notices or bonds, and of any orders or responses relating thereto by the court, and establish<br>and maintain a system for indexing, filing, or recording which is sufficient to enable users of the<br>records to obtain adequate information. Certifications of probated wills must indicate whether thePage No. 1decedent was domiciled in this state and whether the probate was formal or informal.<br>Certifications of letters must show the date of appointment.30.1-02-06.(1-307) Powers.The acts and orders which this title specifies asperformable by the district court may be performed either by a judge of the appropriate court or<br>by a person, including the clerk, designated by the appropriate court by a written order filed and<br>recorded in the office of the court. However, without a written order of the court, the clerk may<br>sign all appropriate documents in uncontested informal probate matters if the requirements of<br>sections 30.1-12-08 and 30.1-13-01 have been satisfied, at least one hundred twenty hours have<br>elapsed since the decedent's death, and the person seeking appointment as personal<br>representative is named in the will or otherwise has priority under section 30.1-13-03 or others<br>entitled to appointment have renounced the right to appointment.30.1-02-06.1. (1-308) Appeals. Appellate review, including the right to appellate review,interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review,<br>record on appeal, briefs, arguments, and power of the appellate court, is governed by the rules<br>applicable to the appeals to the supreme court in equity cases from the district court, except that<br>in proceedings in which jury trial has been had as a matter of right, the rules applicable to the<br>scope of review in jury cases apply.30.1-02-07. (1-310) Oath or affirmation on filed documents. Except as otherwisespecifically provided in this title or by rule, every document filed with the district court under this<br>title, including applications, petitions, and demands for notice, is deemed to include an oath,<br>affirmation, or statement to the effect that its representations are true as far as the person<br>executing or filing it knows or is informed, and penalties for perjury may follow deliberate<br>falsification therein.Page No. 2Document Outlinechapter 30.1-02 scope, jurisdiction, and courts