30.1-11 Custody and Deposit of Wills - North Dakota Statutes

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CHAPTER 30.1-11CUSTODY AND DEPOSIT OF WILLS30.1-11-01. (2-515) Deposit of will in testator's lifetime. A will may be deposited bythe testator or the testator's agent with a recorder for safekeeping. The will must be sealed and
kept confidential. During the testator's lifetime, a deposited will must be delivered only to the
testator or to a person authorized in a writing signed by the testator to receive the will.Aconservator may be allowed to examine a deposited will of a protected testator under procedures
designed to maintain the confidential character of the document to the extent possible, and to
ensure that it will be resealed and kept on deposit after the examination. Upon being informed of
the testator's death, the recorder shall notify any person designated to receive the will and deliver
it to that person on request or the recorder may deliver the will to the appropriate court.30.1-11-02. (2-516) Duty of custodian of will - Liability. After the death of a testatorand on request of an interested person, a person having custody of a will of the testator shall
deliver it with reasonable promptness to a person able to secure its probate, and if none is
known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person
aggrieved for any damages that may be sustained by the failure. A person who willfully refuses
or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of
compelling delivery is subject to penalty for contempt of court.Page No. 1Document Outlinechapter 30.1-11 custody and deposit of wills