30.1-08.1 Ante-Mortem Probate of Wills - North Dakota Statutes

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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
judgment declaring the validity of the will as to the signature on the will, the required number of
witnesses to the signature and their signatures, and the testamentary capacity and freedom from
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
chapter, any beneficiary named in the will and all the testator's present intestate successors shall
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
testamentary capacity and freedom from undue influence, it shall declare the will valid and order
it placed on file with the court. For the purposes of section 30.1-12-02, a finding of validity under
this chapter shall constitute an adjudication of probate. The will shall be binding in North Dakota
unless and until the plaintiff-testator executes a new will and institutes a new proceeding under
this chapter naming the appropriate parties to the new proceeding as well as the parties to any
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
other than one brought in North Dakota to determine the validity of a will; nor shall the
determination in a proceeding under this chapter be binding, upon the parties to such
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