{"data":{"id":"us-nd/n.d.-cent.-code-30.1-15-01","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 30.1-15-01","heading":"(3-401) Formal testacy proceedings - Nature - When commenced","body":"1.A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person filing a petition as described in subsection 1 of section 30.1-15-02 in which the interested person requests that the court, after notice and hearing, enter an order probating a will, or a petition to set aside an informal probate of a will or to prevent informal probate of a will which is the subject of a pending application, or a petition in accordance with subsection 2 of section 30.1-15-02 for an order that the decedent died intestate.\n2.A petition may seek formal probate of a will without regard to whether the same or a conflicting will has been informally probated. A formal testacy proceeding may, but need not, involve a request for appointment of a personal representative.\n3.During the pendency of a formal testacy proceeding, the court shall not act upon any application for informal probate of any will of the decedent or any application for informal appointment of a personal representative of the decedent.\n4.Unless a petition in a formal testacy proceeding also requests confirmation of the previous informal appointment, a previously appointed personal representative, after receipt of notice of the commencement of a formal probate proceeding, must refrain from exercising the power to make any further distribution of the estate during the pendency of the formal proceeding. A petitioner who seeks the appointment of a different personal representative in a formal proceeding also may request an order restraining the acting personal representative from exercising any of the powers of that office and requesting the appointment of a special administrator. In the absence of a request, or if the request is denied, the commencement of a formal proceeding has no effect on the powers and duties of a previously appointed personal representative other than those relating to distribution.","path":["Title 30.1 Uniform Probate Code","Chapter 30.1-15 Formal Testacy And Appointment Proceedings"],"source_url":"https://ndlegis.gov/cencode/t30-1c15.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"87953158e506de2a03e7c3f117e6a67357103c12c73e73a82ac80e9a2013dacb","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-30.1-14-11","next":"us-nd/n.d.-cent.-code-30.1-15-02"},"notice":"GroundRules: Original legal text. Not legal advice."}