# Title 30.1 — Uniform Probate Code

## Chapter 30.1-16 — Supervised Administration

### § 30.1-16-01. (3-501) Supervised administration - Nature of proceeding.

Supervised administration is a single in rem proceeding to secure complete administration
and settlement of a decedent's estate under the continuing authority of the court which extends
until entry of an order approving distribution of the estate and discharging the personal
representative, or other order terminating the proceeding. A supervised personal representative
is responsible to the court, as well as to the interested parties, and is subject to directions
concerning the estate made by the court on its own motion or on the motion of any interested
party. Except as otherwise provided in this chapter, or as otherwise ordered by the court, a
supervised personal representative has the same duties and powers as a personal
representative who is not supervised.
### § 30.1-16-02. (3-502) Supervised administration - Petition - Order.

A petition for supervised administration may be filed by any interested person or by a
personal representative at any time or the request for supervised administration may be joined
with a petition in a testacy or appointment proceeding. If the testacy of the decedent and the
priority and qualification of any personal representative have not been adjudicated previously,
the petition for supervised administration shall include the matters required of a petition in a
formal testacy proceeding and the notice requirements and procedures applicable to a formal
testacy proceeding apply. If not previously adjudicated, the court shall adjudicate the testacy of
the decedent and questions relating to the priority and qualifications of the personal
representative in any case involving a request for supervised administration, even though the
request for supervised administration may be denied. After notice to interested persons, the
court shall order supervised administration of a decedent's estate:
1. If the decedent's will directs supervised administration, it shall be ordered unless the
court finds that circumstances bearing on the need for supervised administration have
changed since the execution of the will and that there is no necessity for supervised
administration.
2. If the decedent's will directs unsupervised administration, supervised administration
shall be ordered only upon a finding that it is necessary for protection of persons
interested in the estate.
3. In other cases if the court finds that supervised administration is necessary under the
circumstances.
### § 30.1-16-03. (3-503) Supervised administration - Effect on other proceedings.

1. The pendency of a proceeding for supervised administration of a decedent's estate
stays action on any informal application then pending or thereafter filed.
2. If a will has been previously probated in informal proceedings, the effect of the filing of
a petition for supervised administration is as provided for formal testacy proceedings
by section 30.1-15-01.
3. After receiving notice of the filing of a petition for supervised administration, a personal
representative who has been appointed previously shall not exercise the power to
distribute any estate. The filing of the petition does not affect the personal
representative's other powers and duties unless the court restricts the exercise of any
of them pending full hearing on the petition.
### § 30.1-16-04. (3-504) Supervised administration - Powers of personal representative.

Unless restricted by the court, a supervised personal representative has, without interim
orders approving exercise of a power, all powers of personal representatives under this title, but
shall not exercise the power to make any distribution of the estate without prior order of the
court. Any other restriction on the power of a personal representative which may be ordered by
the court must be endorsed on the personal representative's letters of appointment and, unless
so endorsed, is ineffective as to persons dealing in good faith with the personal representative.

### § 30.1-16-05. (3-505) Supervised administration - Interim orders - Distribution and

closing orders.
Unless otherwise ordered by the court, supervised administration is terminated by order in
accordance with time restrictions, notices, and contents of orders prescribed for proceedings
under section 30.1-21-01. Interim orders approving or directing partial distributions or granting
other relief may be issued by the court at any time during the pendency of a supervised
administration on the application of the personal representative or any interested person.
