North Dakota Code 30.1-27-05 – (5-205) Jurisdiction and venue
1. The district court where the will is probated has exclusive jurisdiction over the following procedures that are governed by this chapter:
Terms Used In North Dakota Code 30.1-27-05
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. To approve the acceptance of a testamentary appointment of a guardian; and
b. To transfer a case to juvenile court in the event of an objection to the testamentary appointment under section 30.1-27-07.
2. The juvenile court under chapter 27-20.1 has exclusive original jurisdiction over proceedings to consider objections to the testamentary appointment under section 30.1-27-07 and over the court appointment of a guardian of a minor except the appointment of a guardian for a minor becoming an incapacitated adult under section 30.1-28-03.3. Any person interested in the welfare of a minor may petition the juvenile court for the appointment of a guardian under section 27-20.1-05 in the following situations:
a. If there is a living parent of the minor, known or unknown; b. If the testamentary guardian fails to accept appointment as guardian within sixty days after the death of the minor’s last living parent; c. If both parents are dead or the surviving parent’s rights have been terminated by prior court order, but there has been no appointment of a guardian for the minor by will; or
d. If a guardianship of a minor is sought for any other reason.