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30.1-08.1 Ante-Mortem Probate of Wills

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CHAPTER 30.1-08.1ANTE-MORTEM PROBATE OF WILLS30.1-08.1-01. Declaratory judgment. Any person who executes a will disposing of theperson's estate in accordance with this title may institute a proceeding under chapter 32-23 for a<br>judgment declaring the validity of the will as to the signature on the will, the required number of<br>witnesses to the signature and their signatures, and the testamentary capacity and freedom from<br>undue influence of the person executing the will.30.1-08.1-02. Parties - Process. Any beneficiary named in the will and all the testator'spresent intestate successors shall be named parties to the proceeding. For the purposes of this<br>chapter, any beneficiary named in the will and all the testator's present intestate successors shall<br>be deemed possessed of inchoate property rights.Service of process upon the parties to the proceeding shall be made in accordance withrule 4 of the North Dakota Rules of Civil Procedure.30.1-08.1-03. Finding of validity - Revocation. If the court finds under chapter 32-23that the will has been properly executed and that the plaintiff testator has the requisite<br>testamentary capacity and freedom from undue influence, it shall declare the will valid and order<br>it placed on file with the court. For the purposes of section 30.1-12-02, a finding of validity under<br>this chapter shall constitute an adjudication of probate. The will shall be binding in North Dakota<br>unless and until the plaintiff-testator executes a new will and institutes a new proceeding under<br>this chapter naming the appropriate parties to the new proceeding as well as the parties to any<br>former proceeding brought under this chapter.30.1-08.1-04. Admissibility of facts - Effect on other actions. The facts found in aproceeding brought under this chapter shall not be admissible in evidence in any proceeding<br>other than one brought in North Dakota to determine the validity of a will; nor shall the<br>determination in a proceeding under this chapter be binding, upon the parties to such<br>proceeding, in any action not brought to determine the validity of a will.Page No. 1Document Outlinechapter 30.1-08.1 ante-mortem probate of wills