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30.1-17 Personal Representative - Appointment, Control, and Termination

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CHAPTER 30.1-17PERSONAL REPRESENTATIVE - APPOINTMENT, CONTROL, AND TERMINATION30.1-17-01. (3-601) Qualification. Prior to receiving letters, a personal representativeshall qualify by filing with the appointing court any required bond and a statement of acceptance<br>of the duties of the office.30.1-17-02.(3-602) Acceptance of appointment - Consent to jurisdiction.Byaccepting appointment, a personal representative submits personally to the jurisdiction of the<br>court in any proceeding relating to the estate that may be instituted by any interested person.<br>Notice of any proceeding shall be delivered to the personal representative, or mailed by ordinary<br>first-class mail to the personal representative's address as listed in the application or petition for<br>appointment or as thereafter reported to the court and to the personal representative's address<br>as then known to the petitioner.30.1-17-03. (3-603) Bond not required without court order - Exceptions. No bond isrequired of a personal representative appointed in informal proceedings, except:1.Upon the appointment of a special administrator;2.When an executor or other personal representative is appointed to administer an<br>estate under a will containing an express requirement of bond; or3.When bond is required under section 30.1-17-05.Bond may be required by court order at the time of appointment of a personal representative<br>appointed in any formal proceeding, except that bond is not required of a personal representative<br>appointed in formal proceedings if the will relieves the personal representative of bond, unless<br>bond has been requested by an interested party and the court is satisfied that it is desirable.<br>Bond required by any will may be dispensed with in formal proceedings upon determination by<br>the court that it is not necessary.No bond is required of any personal representative who,pursuant to statute, has deposited cash or collateral with an agency of this state to secure<br>performance of the personal representative's duties.30.1-17-04. (3-604) Bond amount - Security - Procedure - Reduction. If bond isrequired and the provisions of the will or order do not specify the amount, unless stated in that<br>person's application or petition, the person qualifying shall file a statement under oath with the<br>court indicating that person's best estimate of the value of the personal estate of the decedent<br>and of the income expected from the personal and real estate during the next year, and shall<br>execute and file a bond with the court, or give other suitable security, in an amount not less than<br>the estimate. The court shall determine that the bond is duly executed by a corporate surety, or<br>one or more individual sureties whose performance is secured by pledge of personal property,<br>mortgage on real property, or other adequate security. The court may permit the amount of the<br>bond to be reduced by the value of assets of the estate deposited with a domestic financial<br>institution, as defined in section 30.1-31-02, in a manner that prevents their unauthorized<br>disposition. On petition of the personal representative or another interested person, the court<br>may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties,<br>or permit the substitution of another bond with the same or different sureties.30.1-17-05. (3-605) Demand for bond by interested person. Any person apparentlyhaving an interest in the estate worth in excess of one thousand dollars, or any creditor having a<br>claim in excess of one thousand dollars, may make a written demand that a personal<br>representative give bond. The demand must be filed with the court and a copy mailed to the<br>personal representative if appointment and qualification have occurred.Thereupon, bond isrequired, but the requirement ceases if the person demanding bond ceases to be interested in<br>the estate, or if bond is excused as provided in section 30.1-17-03 or 30.1-17-04. After receiving<br>notice and until the filing of the bond or cessation of the requirement of bond, the personal<br>representative shall refrain from exercising any powers of office except as necessary to preservePage No. 1the estate.Failure of the personal representative to meet a requirement of bond by givingsuitable bond within thirty days after receipt of notice is cause for removal and appointment of a<br>successor personal representative.30.1-17-06. (3-606) Terms and conditions of bonds.1.The following requirements and provisions apply to any bond required by this<br>chapter:a.Bonds shall name the state of North Dakota as obligee for the benefit of the<br>persons interested in the estate and shall be conditioned upon the faithful<br>discharge by the fiduciary of all duties according to law.b.Unless otherwise provided by the terms of the approved bond, sureties are<br>jointly and severally liable with the personal representative and with each other.<br>The address of sureties shall be stated in the bond.c.By executing an approved bond of a personal representative, the surety<br>consents to the jurisdiction of the probate court which issued letters to the<br>primary obligor in any proceedings pertaining to the fiduciary duties of the<br>personal representative and naming the surety as a party.Notice of anyproceeding shall be delivered to the surety or mailed to the surety by registered<br>or certified mail at the surety's address as listed with the court where the bond<br>is filed and to the surety's address as then known to the petitioner.d.On petition of a successor personal representative, any other personal<br>representative of the same decedent, or any interested person, a proceeding in<br>the court may be initiated against a surety for breach of the obligation of the<br>bond of the personal representative.e.The bond of the personal representative is not void after the first recovery but<br>may be proceeded against from time to time until the whole penalty is<br>exhausted.2.No action or proceeding may be commenced against the surety on any matter as to<br>which an action or proceeding against the primary obligor is barred by adjudication<br>or limitation.30.1-17-07. (3-607) Order restraining personal representative.1.On petition of any person who appears to have an interest in the estate, the court, by<br>temporary order, may restrain a personal representative from performing specified<br>acts of administration, disbursement, or distribution, or exercise of any powers or<br>discharge of any duties of the personal representative's office, or make any other<br>order to secure proper performance of the personal representative's duty, if it<br>appears to the court that the personal representative otherwise may take some<br>action which would jeopardize unreasonably the interest of the applicant or of some<br>other interested person.Persons with whom the personal representative maytransact business may be made parties.2.The matter shall be set for hearing within ten days unless the parties otherwise<br>agree. Notice, as the court directs, shall be given to the personal representative and<br>the personal representative's attorney of record, if any, and to any other parties<br>named defendant in the petition.30.1-17-08.(3-608) Termination of appointment - General.Termination ofappointment of a personal representative occurs as indicated in sections 30.1-17-09 through<br>30.1-17-12.Termination ends the right and power pertaining to the office of personalrepresentative as conferred by this title or any will, except that a personal representative, at anyPage No. 2time prior to distribution or until restrained or enjoined by court order, may perform acts<br>necessary to protect the estate and may deliver the assets to a successor representative.<br>Termination does not discharge a personal representative from liability for transactions or<br>omissions occurring before termination, or relieve the personal representative of the duty to<br>preserve assets subject to the personal representative's control, to account therefor, and to<br>deliver the assets. Termination does not affect the jurisdiction of the court over the personal<br>representative, but terminates the personal representative's authority to represent the estate in<br>any pending or future proceeding.30.1-17-09. (3-609) Termination of appointment - Death or disability. The death of apersonal representative or the appointment of a conservator for the estate of a personal<br>representative terminates the personal representative's appointment.Until appointment andqualification of a successor or special representative to replace the deceased or protected<br>representative, the representative of the estate of the deceased or protected personal<br>representative, if any, has the duty to protect the estate possessed and being administered by<br>the decedent or ward at the time the decedent's or ward's appointment terminates, has the power<br>to perform acts necessary for protection, and shall account for and deliver the estate assets to a<br>successor or special personal representative upon the successor's or special personal<br>representative's appointment and qualification.30.1-17-10. (3-610) Termination of appointment - Voluntary.1.An appointment of a personal representative terminates as provided in section<br>30.1-21-03, one year after the filing of a closing statement.2.An order closing an estate as provided in section 30.1-21-01 or 30.1-21-02<br>terminates an appointment of a personal representative.3.A personal representative may resign the position by filing a written statement of<br>resignation with the court after giving at least fifteen days' written notice to the<br>persons known to be interested in the estate.If no one applies or petitions forappointment of a successor representative within the time indicated in the notice, the<br>filed statement of resignation is ineffective as a termination of appointment and in<br>any event is effective only upon the appointment and qualification of a successor<br>representative and delivery of the assets to the successor representative.30.1-17-11. (3-611) Termination of appointment by removal - Cause - Procedure.1.A person interested in the estate may petition for removal of a personal<br>representative for cause at any time. Upon filing of the petition, the court shall fix a<br>time and place for hearing. Notice shall be given by the petitioner to the personal<br>representative, and to other persons as the court may order. Except as otherwise<br>ordered as provided in section 30.1-17-07, after receipt of notice of removal<br>proceedings, the personal representative shall not act except to account, to correct<br>maladministration or preserve the estate. If removal is ordered, the court also shall<br>direct by order the disposition of the assets remaining in the name of, or under the<br>control of, the personal representative being removed.2.Cause for removal exists when removal would be in the best interests of the estate,<br>or if it is shown that a personal representative or the person seeking the personal<br>representative's appointment intentionally misrepresented material facts in the<br>proceedings leading to the personal representative's appointment, or that the<br>personal representative has disregarded an order of the court, has become<br>incapable of discharging the duties of the office, or has mismanaged the estate or<br>failed to perform any duty pertaining to the office. Unless the decedent's will directs<br>otherwise, a personal representative appointed at the decedent's domicile, incident<br>tosecuringappointmentofthepersonalrepresentativeorthepersonalrepresentative's nominee as ancillary personal representative, may obtain removalPage No. 3of another who was appointed personal representative in this state to administer<br>local assets.30.1-17-12. (3-612) Termination of appointment - Change of testacy status. Exceptas otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment<br>of a personal representative in intestacy or under a will which is superseded by formal probate of<br>another will, or the vacation of an informal probate of a will subsequent to the appointment of the<br>personal representative thereunder, does not terminate the appointment of the personal<br>representative although the personal representative's powers may be reduced as provided in<br>section 30.1-15-01. Termination occurs upon appointment in informal or formal appointment<br>proceedings of a person entitled to appointment under the later assumption concerning testacy.<br>If no request for new appointment is made within thirty days after expiration of time for appeal<br>from the order in formal testacy proceedings, or from the informal probate, changing the<br>assumption concerning testacy, the previously appointed personal representative upon request<br>may be appointed personal representative under the subsequently probated will, or as in<br>intestacy, as the case may be.30.1-17-13.(3-613) Successor personal representative.Chapters 30.1-14 and30.1-15 govern proceedings for appointment of a personal representative to succeed one whose<br>appointment has been terminated. After appointment and qualification, a successor personal<br>representative may be substituted in all actions and proceedings to which the former personal<br>representative was a party, and no notice, process, or claim which was given or served upon the<br>former personal representative need be given to or served upon the successor in order to<br>preserve any position or right the person giving the notice or filing the claim may thereby have<br>obtained or preserved with reference to the former personal representative. Except as otherwise<br>ordered by the court, the successor personal representative has the powers and duties in respect<br>to the continued administration which the former personal representative would have had if the<br>appointment had not been terminated.30.1-17-14. (3-614) Special administrator - Appointment. A special administrator maybe appointed:1.Informally by the court on the application of any interested person when necessary<br>to protect the estate of a decedent prior to the appointment of a general personal<br>representative or if a prior appointment has been terminated as provided in section<br>30.1-17-09.2.In a formal proceeding by order of the court on the petition of any interested person<br>and finding, after notice and hearing, that appointment is necessary to preserve the<br>estate or to secure its proper administration, including its administration in<br>circumstances in which a general personal representative cannot or should not act.<br>If it appears to the court that an emergency exists, appointment may be ordered<br>without notice.30.1-17-15. (3-615) Special administrator - Who may be appointed.1.If a special administrator is to be appointed pending the probate of a will which is the<br>subject of a pending application or petition for probate, the person named executor<br>in the will shall be appointed if available and qualified.2.In other cases, any proper person may be appointed special administrator.30.1-17-16.(3-616) Special administrator - Appointed informally - Powers andduties.A special administrator appointed by the court in informal proceedings pursuant tosubsection 1 of section 30.1-17-14 has the duty to collect and manage the assets of the estate,<br>to preserve them, to account therefor, and to deliver them to the general personal representative<br>upon the personal representative's qualification. The special administrator has the power of a<br>personal representative, under this title, necessary to perform the special administrator's duties.Page No. 430.1-17-17. (3-617) Special administrator - Formal proceedings - Power and duties.A special administrator appointed by order of the court in any formal proceeding has the power of<br>a general personal representative, except as limited in the appointment, and duties as prescribed<br>in the order. The appointment may be for a specified time, to perform particular acts, or on other<br>terms as the court may direct.30.1-17-18.(3-618) Termination of appointment - Special administrator.Theappointment of a special administrator terminates in accordance with the provisions of the order<br>of appointment or on the appointment of a general personal representative. In other cases, the<br>appointment of a special administrator is subject to termination as provided in sections<br>30.1-17-08 through 30.1-17-11.Page No. 5Document Outlinechapter 30.1-17 personal representative - appointment, control, and termination