21.0519.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1363
of North Dakota
Introduced by
Representatives Sanford, Owens
1 A BILL for an Act to amend and reenact sections 30.1-08.1-01, 30.1-08.1-03, and 30.1-08.1-04
2 of the North Dakota Century Code, relating to ante-mortem probate of wills.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 30.1-08.1-01 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 30.1-08.1-01. Declaratory judgment.
7 Any personA testator who executes a will disposing of the person'stestator's estate in
8 accordance with this title, a person nominated in a will to serve as a personal representative or
9 with the testator's consent, an interested party, or the testator's legal guardian, conservator, or
10 power of attorney may institute a proceeding under chapter 32-23 for a judgment declaring the
11 validity or invalidity of the testator's will as to the signature on the will, the required number of
12 witnesses to the signature and theirthe witnesses' signatures, and the testamentary capacity
13 and freedom from undue influence of the person executing the willtestator.
14 SECTION 2. AMENDMENT. Section 30.1-08.1-03 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 30.1-08.1-03. Finding of validity - Revocation.
17 1. If the court finds under chapter 32-23 that the will has been properly executed and that
18 the plaintiff testator has the requisite testamentary capacity and freedom from undue
19 influence, itthe court shall declare the will valid and order itthe will placed on file with
20 the court.
21 2. If under chapter 32-23 the court finds the will has not been properly executed or the
22 testator lacks the requisite testamentary capacity or freedom from undue influence, the
23 court shall declare the will invalid.
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 Sixty-seventh
Legislative Assembly
1 3. For the purposes of section 30.1-12-02, a finding of validity under this chapter shall
2 constituteconstitutes an adjudication of probate. The
3 4. A will shall bedeclared valid under this chapter is binding in North Dakotathis state
4 unless and until the plaintiff-testatortestator executes a new will and institutes a new
5 proceeding under this chapter naming the appropriate parties to the new proceeding
6 as well as the parties to any former proceeding brought under this chapter.
7 SECTION 3. AMENDMENT. Section 30.1-08.1-04 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 30.1-08.1-04. Admissibility of facts - Effect on other actions.
10 The facts found in a proceeding brought under this chapter shallare not be admissible in
11 evidence in any proceeding other than one brought in North Dakotathis state to determine the
12 validity or invalidity of a will; nor shall the. A determination in a proceeding under this chapter
13 beis not binding, upon on the parties to suchthe proceeding, in any action not brought to
14 determine the validity or invalidity of a will.
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Statutes affected:
INTRODUCED: 30.1-08.1-01, 30.1-08.1-03, 30.1-08.1-04