Current through 2023 Legislative Sessions
Section 30.1-14-07 - (3-307) Informal appointment proceedings - Delay in order - Duty of court - Effect of appointment1. 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.