2013 North Dakota Century Code Title 30.1 Uniform Probate Code Chapter 30.1-22 Compromise of Controversies
Download as PDF
CHAPTER 30.1-22
COMPROMISE OF CONTROVERSIES
30.1-22-01. (3-1101) Effect of approval of agreements involving trusts, inalienable
interests, or interest of third persons.
A compromise of any controversy as to admission to probate of any instrument offered for
formal probate as the will of a decedent, the construction, validity, or effect of any governing
instrument, the rights or interests in the estate of the decedent, of any successor, or the
administration of the estate, if approved in a formal proceeding in the court for that purpose, is
binding on all the parties thereto, including those unborn, unascertained, or who could not be
located. An approved compromise is binding even though it may affect a trust or an inalienable
interest. A compromise does not impair the rights of creditors or of taxing authorities who are not
parties to it.
30.1-22-02. (3-1102) Procedure for securing court approval of compromise.
The procedure for securing court approval of a compromise is as follows:
1. The terms of the compromise shall be set forth in an agreement in writing which shall
be executed by all competent persons and parents or guardians acting for any minor
children having beneficial interests or having claims which will or may be affected by
the compromise. Execution is not required by any person whose identity cannot be
ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
2. Any interested person, including the personal representative, if any, or a trustee, then
may submit the agreement to the court for its approval and for execution by the
personal representative, the trustee of every affected testamentary trust, and other
fiduciaries and representatives.
3. After notice to all interested persons or their representatives, including the personal
representative of any estate and all affected trustees, the court, if it finds that the
contest or controversy is in good faith and that the effect of the agreement upon the
interests of persons represented by fiduciaries or other representatives is just and
reasonable, shall make an order approving the agreement and directing all fiduciaries
under its supervision to execute the agreement. Minor children represented only by
their parents or guardians may be bound only if their parents or guardians join with
other competent persons in execution of the compromise. Upon the making of the
order and the execution of the agreement, all further disposition of the estate is in
accordance with the terms of the agreement.
Page No. 1
Disclaimer: These codes may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
