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30.1-13 Venue - Priority to Administer - Demand for Notice

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CHAPTER 30.1-13VENUE - PRIORITY TO ADMINISTER - DEMAND FOR NOTICE30.1-13-01. (3-201) Venue for first and subsequent estate proceedings - Location ofproperty.1.Venue for the first informal or formal testacy or appointment proceedings after a<br>decedent's death is:a.In the county where the decedent was domiciled at the time of death.b.If the decedent was not domiciled in this state, in any county where property of<br>the decedent was located at the time of death.2.Venue for all subsequent proceedings within the exclusive jurisdiction of the court is<br>in the place where the initial proceeding occurred, unless the initial proceeding has<br>been transferred as provided in section 30.1-02-03 or subsection 3.3.If the first proceeding was informal, on application of an interested person and after<br>notice to the proponent in the first proceeding, the court, upon finding that venue is<br>elsewhere, may transfer the proceeding and the file to the other court.4.For the purpose of aiding determinations concerning location of assets which may<br>be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by<br>investment or commercial paper or other instrument in favor of a nondomiciliary, is<br>located where the debtor resides, or, if the debtor is a person other than an<br>individual, at the place where it has its principal office.Commercial paper,investment paper, and other instruments are located where the instrument is. An<br>interest in property held in trust is located where the trustee may be sued.30.1-13-02.(3-202) Appointment or testacy proceedings - Conflicting claim ofdomicile in another state. If conflicting claims as to the domicile of a decedent are made in a<br>formal testacy or appointment proceeding commenced in this state, and in a testacy or<br>appointment proceeding after notice pending at the same time in another state, the court of this<br>state must stay, dismiss, or permit suitable amendment in the proceeding here unless it is<br>determined that the local proceeding was commenced before the proceeding elsewhere. The<br>determination of domicile in the proceeding first commenced must be accepted as determinative<br>in the proceeding in this state.30.1-13-03.(3-203) Priority among persons seeking appointment as personalrepresentative.1.Whether the proceedings are formal or informal, persons who are not disqualified<br>have priority for appointment in the following order:a.The person with priority as determined by a probated will, including a person<br>nominated by a power conferred in a will.b.The surviving spouse of the decedent who is a devisee of the decedent.c.Other devisees of the decedent.d.The surviving spouse of the decedent.e.Other heirs of the decedent.f.A trust company.Page No. 1g.Forty-five days after the death of the decedent, any creditor.2.An objection to an appointment can be made only in formal proceedings. In case of<br>objection the priorities stated in subsection 1 apply, except that:a.If the estate appears to be more than adequate to meet exemptions and costs<br>of administration but inadequate to discharge anticipated unsecured claims, the<br>court, on petition of creditors, may appoint any qualified person; orb.In case of objection to appointment of a person other than one whose priority is<br>determined by will by an heir or devisee appearing to have a substantial<br>interest in the estate, the court may appoint a person who is acceptable to heirs<br>and devisees whose interests in the estate appear to be worth in total more<br>than half of the probable distributable value, or, in default of this accord, any<br>suitable person.3.A person entitled to letters under subdivisions b through e of subsection 1 may<br>nominate a qualified person to act as personal representative. Any person may<br>renounce the person's right to nominate or to an appointment by appropriate writing<br>filed with the court. When two or more persons share a priority, those who do not<br>renounce must concur in nominating another to act for them, or in applying for<br>appointment.4.Conservators of the estates of protected persons, or if there is no conservator, any<br>guardian except a guardian ad litem of a minor or incapacitated person, may<br>exercise the same right to nominate, to object to another's appointment, or to<br>participate in determining the preference of a majority in interest of the heirs and<br>devisees that the protected person or ward would have if qualified for appointment.5.Appointment of one who does not have priority, including priority resulting from<br>renunciation or nomination determined pursuant to this section, may be made only in<br>formal proceedings.Before appointing one without priority, the court mustdetermine that those having priority, although given notice of the proceedings, have<br>failed to request appointment or to nominate another for appointment, and that<br>administration is necessary.6.No person is qualified to serve as a personal representative who is:a.Under the age of eighteen; orb.A person whom the court finds unsuitable in formal proceedings.7.A personal representative appointed by a court of the decedent's domicile has<br>priority over all other persons except in cases in which the decedent's will nominates<br>different persons to be personal representative in this state and in the state of<br>domicile. The domiciliary personal representative may nominate another, who shall<br>have the same priority as the domiciliary personal representative.8.This section governs priority for appointment of a successor personal representative<br>but does not apply to the selection of a special administrator.30.1-13-04.(3-204) Demand for notice of order or filing concerning decedent'sestate. Any person desiring notice of any order or filing pertaining to a decedent's estate in<br>which the person has a financial or property interest may file a demand for notice with the court,<br>at any time after the death of the decedent, stating the name of the decedent, the nature of the<br>person's interest in the estate, and the demandant's address or that of the demandant's attorney.<br>The clerk shall mail a copy of the demand to the personal representative, if one has been<br>appointed. After filing of a demand, no order or filing to which the demand relates shall be made<br>or accepted without notice, as prescribed in section 30.1-03-01, to the demandant or thePage No. 2demandant's attorney. The validity of an order which is issued or filing which is accepted without<br>compliance with this requirement shall not be affected by the error, but the petitioner receiving<br>the order or the person making the filing may be liable for any damage caused by the absence of<br>notice. The requirement of notice arising from a demand under this provision may be waived in<br>writing by the demandant and shall cease upon the termination of the demandant's interest in the<br>estate.Page No. 3Document Outlinechapter 30.1-13 venue - priority to administer - demand for notice