North Dakota Code 30.1-14-03 – (3-303) Informal probate – Proof and findings required
1. In an informal proceeding for original probate of a will, the court shall determine whether:
Terms Used In North Dakota Code 30.1-14-03
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Probate: Proving a will
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Venue: The geographical location in which a case is tried.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The application is complete.
b. The applicant has made oath or affirmation that the statements contained in the application are true to the best of the applicant’s knowledge and belief.
c. The applicant appears from the application to be an interested person as defined in section 30.1-01-06.
d. On the basis of the statements in the application, venue is proper.
e. An original, duly executed, and apparently unrevoked will is in the court’s possession.
f. Any notice required by section 30.1-13-04 has been given and that the application is not within section 30.1-14-04.
g. It appears from the application that the time limit for original probate has not expired.
2. The application must be denied if it indicates that a personal representative has been appointed in another county of this state or, except as provided in subsection 4, if it appears that this or another will of the decedent has been the subject of a previous probate order.
3. A will that appears to have the required signatures and which contains an attestation clause showing that requirements of execution under section 30.1-08-02 or 30.1-08-06 have been met must be probated without further proof. In other cases, the court may assume execution if the will appears to have been properly executed, or the court may accept a sworn statement or affidavit of any person having knowledge of the circumstances of execution, whether or not the person was a witness to the will.
4. Informal probate of a will that has been previously probated elsewhere may be granted at any time upon written application by any interested person, together with deposit of an authenticated copy of the will and of the statement probating it from the office or court where it was first probated.
5. A will from a place which does not provide for probate of a will after death and which is not eligible for probate under subsection 1 may be probated in this state upon receipt by the court of a duly authenticated copy of the will and a duly authenticated certificate of its legal custodian that the copy filed is a true copy and that the will has become operative under the law of the other place.