# Title 30.1 — Uniform Probate Code

## Chapter 30.1-14 — Informal Probate and Appointment Proceedings

### § 30.1-14-01. (3-301) Informal probate or appointment proceedings - Application -

Contents.
1. Applications for informal probate or informal appointment shall be directed to the court,
and verified by the applicant to be accurate and complete to the best of the applicant's
knowledge and belief as to the following information:
a. Every application for informal probate of a will or for informal appointment of a
personal representative, other than a special or successor representative, shall
contain the following:
(1) A statement of the interest of the applicant.
(2) The name and date of death of the decedent, the decedent's age, and the
county and state of domicile at the time of death, and the names and
addresses of the spouse, children, heirs, and devisees, and the ages of any
who are minors so far as known or ascertainable with reasonable diligence
by the applicant.
(3) If the decedent was not domiciled in the state at the time of death, a
statement showing venue.
(4) A statement identifying and indicating the address of any personal
representative of the decedent appointed in this state or elsewhere whose
appointment has not been terminated.
(5) A statement indicating whether the applicant has received a demand for
notice, or is aware of any demand for notice of any probate or appointment
proceeding concerning the decedent that may have been filed in this state
or elsewhere.
(6) A statement that the time limit for informal probate or appointment under this
chapter has not expired because three years or less have elapsed since the
decedent's death, or, if more than three years from the death have elapsed,
circumstances described in section 30.1-12-08 have occurred authorizing
tardy probate or appointment.
b. An application for informal probate of a will shall state the following, in addition to
the statements required by subdivision a:
(1) That the original of the decedent's last will is in the possession of the court,
or accompanies the application, or that an authenticated copy of a will
probated in another jurisdiction accompanies the application.
(2) That the applicant, to the best of the applicant's knowledge, believes the will
to have been validly executed.
(3) That after the exercise of reasonable diligence, the applicant is unaware of
any instrument revoking the will, and that the applicant believes that the
instrument which is the subject of the application is the decedent's last will.
c. An application for informal appointment of a personal representative to administer
an estate under a will shall describe the will by date of execution and state the
time and place of probate or the pending application or petition for probate. The
application for appointment shall adopt the statements in the application or
petition for probate and state the name, address, and priority for appointment of
the person whose appointment is sought.
d. An application for informal appointment of an administrator in intestacy shall
state, in addition to the statements required by subdivision a:
(1) That after the exercise of reasonable diligence, the applicant is unaware of
any unrevoked testamentary instrument relating to property having a situs in
this state under section 30.1-02-01, or, a statement why any such
instrument of which the applicant may be aware is not being probated.
(2) The priority of the person whose appointment is sought and the names of
any other persons having a prior or equal right to the appointment under
section 30.1-13-03.

e. An application for appointment of a personal representative to succeed a
personal representative appointed under a different testacy status shall refer to
the order in the most recent testacy proceeding, state the name and address of
the person whose appointment is sought and of the person whose appointment
will be terminated if the application is granted, and describe the priority of the
applicant.
f. An application for appointment of a personal representative to succeed a
personal representative who has tendered a resignation as provided in
subsection 3 of section 30.1-17-10, or whose appointment has been terminated
by death or removal, shall adopt the statements in the application or petition
which led to the appointment of the person being succeeded except as
specifically changed or corrected, state the name and address of the person who
seeks appointment as successor, and describe the priority of the applicant.
2. By verifying an application for informal probate or informal appointment, the applicant
submits personally to the jurisdiction of the court in any proceeding for relief from fraud
relating to the application, or for perjury, that may be instituted against the applicant.
### § 30.1-14-01.1. Duty of court to provide forms to an applicant - Assistance of attorney

not required.
The court shall provide the necessary forms to an applicant who requests aid in using the
informal probate or appointment procedure. The forms and explanatory materials must be
prepared by the state court administrator and provided at cost. The assistance of an attorney is
not required for informal probate or appointment procedure.
### § 30.1-14-02. (3-302) Informal probate - Duty of court - Effect of informal probate.

Upon receipt of an application requesting informal probate of a will, the court, upon making
the findings required by section 30.1-14-03, shall issue a written statement of informal probate if
at least one hundred twenty hours have elapsed since the decedent's death. Informal probate is
conclusive as to all persons until superseded by an order in a formal testacy proceeding. No
defect in the application or procedure relating thereto which leads to informal probate of a will
renders the probate void.
### § 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:
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.
### § 30.1-14-04. (3-304) Informal probate - Unavailable in certain cases.

Applications for informal probate which relate to one or more of a known series of
testamentary instruments, other than a will and one or more codicils to the will, the latest of
which does not expressly revoke the earlier, must be declined.
### § 30.1-14-05. (3-305) Informal probate - Court not satisfied.

If the court is not satisfied that a will is entitled to be probated in informal proceedings
because of failure to meet the requirements of sections 30.1-14-03 and 30.1-14-04, or for any
other reason specified by law, it may decline the application. A declination of informal probate is
not an adjudication and does not preclude formal probate proceedings.
### § 30.1-14-06. (3-306) Informal probate - Notice requirements.

The moving party must give notice, as described in section 30.1-03-01, of the moving
party's application for informal probate to any person demanding it pursuant to section
30.1-13-04, and to any personal representative of the decedent whose appointment has not
been terminated. No other notice of informal probate is required.
### § 30.1-14-07. (3-307) Informal appointment proceedings - Delay in order - Duty of court -

Effect of appointment.
1. Upon receipt of an application for informal appointment of a personal representative
other than a special administrator as provided in section 30.1-17-14, if at least one
hundred twenty hours have elapsed since the decedent's death, the court, after
making the findings required by section 30.1-14-08, shall appoint the applicant subject
to qualification and acceptance. If the decedent was a nonresident, the court shall
delay the order of appointment until thirty days have elapsed since death unless the
personal representative appointed at the decedent's domicile is the applicant or unless
the decedent's will directs that the estate be subject to the laws of this state. The court
must make its order of appointment and issue letters testamentary or letters of
administration within ten working days after all requirements for informal proceedings
have been met.
2. The status of personal representative and the powers and duties pertaining to the
office are fully established by informal appointment. An appointment, and the office of
personal representative created thereby, is subject to termination as provided in
sections 30.1-17-08 through 30.1-17-12, but is not subject to retroactive vacation.
### § 30.1-14-08. (3-308) Informal appointment proceedings - Proof and findings required.

1. In informal appointment proceedings, the court shall determine whether:
a. The application for informal appointment of a personal representative 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. Any will to which the requested appointment relates has been formally or
informally probated, but this requirement does not apply to the appointment of a
special administrator.
f. Any notice required by section 30.1-13-04 has been given.
g. From the statements in the application, the person whose appointment is sought
has priority entitling the person to the appointment.
2. Unless section 30.1-17-12 controls, the application must be denied if it indicates that a
personal representative who has not filed a written statement of resignation as
provided in subsection 3 of section 30.1-17-10 has been appointed in this or another
county of this state, that, unless the applicant is the domiciliary personal representative
or the representative's nominee, the decedent was not domiciled in this state and that
a personal representative whose appointment has not been terminated has been
appointed by a court in the state of domicile or that other requirements of this section
have not been met.
### § 30.1-14-09. (3-309) Informal appointment proceedings - Court not satisfied.

If the court is not satisfied that a requested informal appointment of a personal
representative should be made because of failure to meet the requirements of sections
of informal appointment is not an adjudication and does not preclude appointment in formal
proceedings.
### § 30.1-14-10. (3-310) Informal appointment proceedings - Notice requirements.

The moving party must give notice as described by section 30.1-03-01 of the moving party's
intention to seek an appointment informally:
1. To any person demanding it pursuant to section 30.1-13-04.
2. To any person having a prior or equal right to appointment not waived in writing and
filed with the court.
No other notice of an informal appointment proceeding is required.
### § 30.1-14-11. (3-311) Informal appointment unavailable in certain cases.

If an application for informal appointment indicates the existence of a possible unrevoked
testamentary instrument which may relate to property subject to the laws of this state, and which
is not filed for probate in this court, the court shall decline the application.
