30.1-02 Scope, Jurisdiction, and Courts - North Dakota Statutes

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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,
domiciled in this state.2.The property of nonresidents located in this state or property coming into the control
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
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
this state, the court in which the proceeding is first commenced has the exclusive
right to proceed.2.If proceedings concerning the same estate, protected person, ward, or trust are
commenced in more than one court of this state, the court in which the proceeding
was first commenced shall continue to hear the matter, and the other courts shall
hold the matter in abeyance until the question of venue is decided, and if the ruling
court determines that venue is properly in another court, it shall transfer the
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
another court of this state, the court making the finding may transfer the proceeding
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
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
which may be filed with the court under this title, including petitions and applications, demands
for notices or bonds, and of any orders or responses relating thereto by the court, and establish
and maintain a system for indexing, filing, or recording which is sufficient to enable users of the
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.
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
by a person, including the clerk, designated by the appropriate court by a written order filed and
recorded in the office of the court. However, without a written order of the court, the clerk may
sign all appropriate documents in uncontested informal probate matters if the requirements of
sections 30.1-12-08 and 30.1-13-01 have been satisfied, at least one hundred twenty hours have
elapsed since the decedent's death, and the person seeking appointment as personal
representative is named in the will or otherwise has priority under section 30.1-13-03 or others
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,
record on appeal, briefs, arguments, and power of the appellate court, is governed by the rules
applicable to the appeals to the supreme court in equity cases from the district court, except that
in proceedings in which jury trial has been had as a matter of right, the rules applicable to the
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
title, including applications, petitions, and demands for notice, is deemed to include an oath,
affirmation, or statement to the effect that its representations are true as far as the person
executing or filing it knows or is informed, and penalties for perjury may follow deliberate
falsification therein.Page No. 2Document Outlinechapter 30.1-02 scope, jurisdiction, and courts