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30.1-16 Supervised Administration

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CHAPTER 30.1-16SUPERVISED ADMINISTRATION30.1-16-01. (3-501) Supervised administration - Nature of proceeding. Supervisedadministration is a single in rem proceeding to secure complete administration and settlement of<br>a decedent's estate under the continuing authority of the court which extends until entry of an<br>order approving distribution of the estate and discharging the personal representative, or other<br>order terminating the proceeding. A supervised personal representative is responsible to the<br>court, as well as to the interested parties, and is subject to directions concerning the estate made<br>by the court on its own motion or on the motion of any interested party. Except as otherwise<br>provided in this chapter, or as otherwise ordered by the court, a supervised personal<br>representative has the same duties and powers as a personal representative who is not<br>supervised.30.1-16-02.(3-502) Supervised administration - Petition - Order.A petition forsupervised administration may be filed by any interested person or by a personal representative<br>at any time or the request for supervised administration may be joined with a petition in a testacy<br>or appointment proceeding. If the testacy of the decedent and the priority and qualification of any<br>personal representative have not been adjudicated previously, the petition for supervised<br>administration shall include the matters required of a petition in a formal testacy proceeding and<br>the notice requirements and procedures applicable to a formal testacy proceeding apply. If not<br>previously adjudicated, the court shall adjudicate the testacy of the decedent and questions<br>relating to the priority and qualifications of the personal representative in any case involving a<br>request for supervised administration, even though the request for supervised administration may<br>be denied. After notice to interested persons, the court shall order supervised administration of a<br>decedent's estate:1.If the decedent's will directs supervised administration, it shall be ordered unless the<br>court finds that circumstances bearing on the need for supervised administration<br>have changed since the execution of the will and that there is no necessity for<br>supervised administration.2.If the decedent's will directs unsupervised administration, supervised administration<br>shall be ordered only upon a finding that it is necessary for protection of persons<br>interested in the estate.3.In other cases if the court finds that supervised administration is necessary under<br>the circumstances.30.1-16-03. (3-503) Supervised administration - Effect on other proceedings.1.The pendency of a proceeding for supervised administration of a decedent's estate<br>stays action on any informal application then pending or thereafter filed.2.If a will has been previously probated in informal proceedings, the effect of the filing<br>of a petition for supervised administration is as provided for formal testacy<br>proceedings by section 30.1-15-01.3.After receiving notice of the filing of a petition for supervised administration, a<br>personal representative who has been appointed previously shall not exercise the<br>power to distribute any estate. The filing of the petition does not affect the personal<br>representative's other powers and duties unless the court restricts the exercise of<br>any of them pending full hearing on the petition.30.1-16-04. (3-504) Supervised administration - Powers of personal representative.Unless restricted by the court, a supervised personal representative has, without interim orders<br>approving exercise of a power, all powers of personal representatives under this title, but shall<br>not exercise the power to make any distribution of the estate without prior order of the court. AnyPage No. 1other restriction on the power of a personal representative which may be ordered by the court<br>must be endorsed on the personal representative's letters of appointment and, unless so<br>endorsed, is ineffective as to persons dealing in good faith with the personal representative.30.1-16-05. (3-505) Supervised administration - Interim orders - Distribution andclosing orders. Unless otherwise ordered by the court, supervised administration is terminated<br>by order in accordance with time restrictions, notices, and contents of orders prescribed for<br>proceedings under section 30.1-21-01. Interim orders approving or directing partial distributions<br>or granting other relief may be issued by the court at any time during the pendency of a<br>supervised administration on the application of the personal representative or any interested<br>person.Page No. 2Document Outlinechapter 30.1-16 supervised administration