30.1-13 Venue - Priority to Administer - Demand for Notice - North Dakota Statutes

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CHAPTER 30.1-13VENUE - PRIORITY TO ADMINISTER - DEMAND FOR NOTICE30.1-13-01. (3-201) Venue for first and subsequent estate proceedings - Location ofproperty.1.Venue for the first informal or formal testacy or appointment proceedings after a
decedent's death is:a.In the county where the decedent was domiciled at the time of death.b.If the decedent was not domiciled in this state, in any county where property of
the decedent was located at the time of death.2.Venue for all subsequent proceedings within the exclusive jurisdiction of the court is
in the place where the initial proceeding occurred, unless the initial proceeding has
been transferred as provided in section 30.1-02-03 or subsection 3.3.If the first proceeding was informal, on application of an interested person and after
notice to the proponent in the first proceeding, the court, upon finding that venue is
elsewhere, may transfer the proceeding and the file to the other court.4.For the purpose of aiding determinations concerning location of assets which may
be relevant in cases involving nondomiciliaries, a debt, other than one evidenced by
investment or commercial paper or other instrument in favor of a nondomiciliary, is
located where the debtor resides, or, if the debtor is a person other than an
individual, at the place where it has its principal office.Commercial paper,investment paper, and other instruments are located where the instrument is. An
interest in property held in trust is located where the trustee may be sued.30.1-13-02.(3-202) Appointment or testacy proceedings - Conflicting claim ofdomicile in another state. If conflicting claims as to the domicile of a decedent are made in a
formal testacy or appointment proceeding commenced in this state, and in a testacy or
appointment proceeding after notice pending at the same time in another state, the court of this
state must stay, dismiss, or permit suitable amendment in the proceeding here unless it is
determined that the local proceeding was commenced before the proceeding elsewhere. The
determination of domicile in the proceeding first commenced must be accepted as determinative
in the proceeding in this state.30.1-13-03.(3-203) Priority among persons seeking appointment as personalrepresentative.1.Whether the proceedings are formal or informal, persons who are not disqualified
have priority for appointment in the following order:a.The person with priority as determined by a probated will, including a person
nominated by a power conferred in a will.b.The surviving spouse of the decedent who is a devisee of the decedent.c.Other devisees of the decedent.d.The surviving spouse of the decedent.e.Other heirs of the decedent.f.A trust company.Page No. 1g.Forty-five days after the death of the decedent, any creditor.2.An objection to an appointment can be made only in formal proceedings. In case of
objection the priorities stated in subsection 1 apply, except that:a.If the estate appears to be more than adequate to meet exemptions and costs
of administration but inadequate to discharge anticipated unsecured claims, the
court, on petition of creditors, may appoint any qualified person; orb.In case of objection to appointment of a person other than one whose priority is
determined by will by an heir or devisee appearing to have a substantial
interest in the estate, the court may appoint a person who is acceptable to heirs
and devisees whose interests in the estate appear to be worth in total more
than half of the probable distributable value, or, in default of this accord, any
suitable person.3.A person entitled to letters under subdivisions b through e of subsection 1 may
nominate a qualified person to act as personal representative. Any person may
renounce the person's right to nominate or to an appointment by appropriate writing
filed with the court. When two or more persons share a priority, those who do not
renounce must concur in nominating another to act for them, or in applying for
appointment.4.Conservators of the estates of protected persons, or if there is no conservator, any
guardian except a guardian ad litem of a minor or incapacitated person, may
exercise the same right to nominate, to object to another's appointment, or to
participate in determining the preference of a majority in interest of the heirs and
devisees that the protected person or ward would have if qualified for appointment.5.Appointment of one who does not have priority, including priority resulting from
renunciation or nomination determined pursuant to this section, may be made only in
formal proceedings.Before appointing one without priority, the court mustdetermine that those having priority, although given notice of the proceedings, have
failed to request appointment or to nominate another for appointment, and that
administration is necessary.6.No person is qualified to serve as a personal representative who is:a.Under the age of eighteen; orb.A person whom the court finds unsuitable in formal proceedings.7.A personal representative appointed by a court of the decedent's domicile has
priority over all other persons except in cases in which the decedent's will nominates
different persons to be personal representative in this state and in the state of
domicile. The domiciliary personal representative may nominate another, who shall
have the same priority as the domiciliary personal representative.8.This section governs priority for appointment of a successor personal representative
but does not apply to the selection of a special administrator.30.1-13-04.(3-204) Demand for notice of order or filing concerning decedent'sestate. Any person desiring notice of any order or filing pertaining to a decedent's estate in
which the person has a financial or property interest may file a demand for notice with the court,
at any time after the death of the decedent, stating the name of the decedent, the nature of the
person's interest in the estate, and the demandant's address or that of the demandant's attorney.
The clerk shall mail a copy of the demand to the personal representative, if one has been
appointed. After filing of a demand, no order or filing to which the demand relates shall be made
or accepted without notice, as prescribed in section 30.1-03-01, to the demandant or thePage No. 2demandant's attorney. The validity of an order which is issued or filing which is accepted without
compliance with this requirement shall not be affected by the error, but the petitioner receiving
the order or the person making the filing may be liable for any damage caused by the absence of
notice. The requirement of notice arising from a demand under this provision may be waived in
writing by the demandant and shall cease upon the termination of the demandant's interest in the
estate.Page No. 3Document Outlinechapter 30.1-13 venue - priority to administer - demand for notice