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Uniform Probate Code Chapter 334 1143 Uniform Probate Code UNIFORM PROBATE CODE CHAPTER 334 1143 UNIFORM PROBATE CODE CHAPTER 334 HOUSE BILL NO. 1111 (Judiciary Committee) (At the request of the Commission on Uniform Laws) UNIFORM PROBATE CODE CHANGES AN ACT to create and enact chapters 30.1-05, 30.1-06, a new section to chapter 30.1-07, chapters 30.1-09 .1, and 30.1-10 of the North Dakota Century Code, relating to the provisions of the Uniform Probate Code Article II - Intestacy, Wills, and Donative Transfers (1990) which pertain to the elective share of a surviving spouse, a spouse and children unprovided for in a will, applicable law at the time of death, rules of construction applicable to donative dispositions, and general provisions concerning probate and nonprobate transfers; to amend and reenact sections 30.1-01-04, 30.1-01-06, 30.1-04-01, 30.1-04-02, 30.1-04-03, 30.1-04-03.1, 30.1-04-04, 30.1-04-06, 30.1-04-08, 30.1-04-09, 30.1-04-10, 30.1-04-11, 30.1-04-12, 30.1-04-13, 30.1-07-01, 30.1-07-02, 30.1-07-03, 30.1-08-02, . 30.1-08-04, 30.1-08-06, 30.1-08-07. 30.1-08-08, 30.1-08-09, 30.1-08-11, 30.1-08-13, 30.1-09-03, 30.1-09-04, 30.1-09-05, 30.1-09-06, 30.1-09-07. 30.1-09-08, 30.1-09-09, 30.1-09-10, 30.1-09-12, 30.1-09-13, 30.1-11-01, 30.1-11-02, 30.1-14-03, 30.1-14-08, 30.1-20-05, subsection 2 of section 30.1-29-07, subsection 1 of section 30.1-31-09, subsection 2 of section 30.1-31-12, and subsection 1 of section 47-24.1-18 of the North Dakota Century Code, relating to the provisions of the Uniform Probate Code Article II which pertain to evidence of death, definitions, intestate succession, exempt property and allowances, wills, will contracts, custody and deposit of wills, rules of construction applicable only to wills, the Uniform Probate Code Article VI - Nonprobate Transfers on Death (1989), and general probate provisions; to repeal present chapters 30.1-05, 30.1-06, sections 30.1-08-03, 30.1-09-01, 30.1-09-02, 30.1-09-11, chapters 30.1-10, 31-12, and 47-11.1 of the North Dakota Century Code, relating to the elective share of the surviving spouse, spouse and children unprovided for in wills, holographic wills, rules of construction, general provisions, Uniform Disclaimer of Transfers Under Nontestamentary Instruments Act, and the Uniform Simultaneous Death Act; and to provide an effective date. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 30.1-01-04 of the 1991 Supplement to the North Dakota Century Code is amended and reenacted as follows: 39.1-91-94. (1-197) Evidence as---ft of death or status. In r:JFeeeeEli A§S ~AEleF this title, addition to the rules of evidence in courts of general jurisdiction, iAel~EliA§ aAy FelatiA§ te siffi~ltaAee~s Eleaths, aFe ar:Jr:Jliea~le ~Aless Sr:Jeeifieally Elis[:JlaeeEl ~Y this title. lA aEIElitieA, the following rules relating to ~determination of death and status aFe a[:Jr:Jliea~le ~: 1. Death occurs when an individual is determined to be dead under chapter 23-06.3. 1144 CHAPI'ER 334 UNIFORM PROBATE CODE ~ A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie~ evidence of the fact, place, date~ and time of death, and the identity of the decedent. 2o ~ A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a per~ an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. ~ ~ In the absence of prima facie evidence of death under subsection ! ~ or ~ J, the fact of death may be established by clear and convincing evidence, including circumstantial evidence. 4.,. ~ A llePseA An individual whose death is not etAeP\:i se established under this section, who is absent for a continuous period of 5e¥eft five years, during which -t+ffle the person has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. ~ In the absence of evidence disputing the time of death stated on a document described in subsection 2 or 3. a document described in subsection 2 or 3 that states a time of death one hundred twenty hours or more after the time of death of another individual, however the time of death of the other individual is determined. establishes by clear and convincing evidence that the individual survived the other individual by one hundred twenty hours. SECTION 2. AMENDMENT. Section 30.1-01-06 of the 1991 Supplement to the North Dakota Century Code is amended and reenacted as follows: 39.1-91-96. (1-291) General definitions. Subject to additional definitions contained in the subsequent chapters which are applicable to specific chapters, and unless the context otherwise requires, in this title: 1. "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. ~ "Application" means a written request to the court for an order of informal probate or appointment under chapter 30.1-14. 2o ~ "Augmented estate" means the estate described in section 30.1-05-02. ~ ~ "Beneficiary", as it relates to ~ trust aeAefieiaPies beneficiary, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer..,-af!EI..i. as it relates to a charitable trust, includes any person entitled to enforce the trust; as it relates to a beneficiary of a beneficiary designation, refers to a beneficiary of an insurance or annuity policy, of an account with a payable on death designation. of a UNIFORM PROBATE CODE CHAPI'ER 334 1145 security registered in beneficiary form transferable on death, or of a pension, profit-sharing, retirement. or similar benefit plan, or other nonprobate transfer at death: and, as it relates to a "beneficiary designated in a governing instrument", includes a grantee of a deed, a devisee, a trust beneficiary. a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised. 2..,_ "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance annuity policy. of an account with payable on death designation, of a security registered in beneficiary form transferable on death, or of a pension, profit-sharing. retirement, or similar benefit plan, or other nonprobate transfer at death. +.- .§_,_ "Child" includes aft)' an individual entitled to take as a child under this title by intestate succession from the parent whose relationship is i nvo 1ved and excludes aft)' g_ person who is on 1y a stepchi 1d, a foster child, a grandchild, or any more remote descendant. ;.,. l..,_ "Claims", in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person whether arising in contract, in tort, or otherwise, and 1iabil i ties of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or demands, or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. 6-. "Ge~l"t" mea As tl'le ee~l"t l'lavi A!! j ~Pi sei eti eA i 11 mattel"s Pel ati A!! te tl'le affai 1"5 ef EleeeEieAts. Tl'li s ee~Pt i 11 tl'li s state is ltAe•IA as tl'le ee~Aty eettf"h h ~ "Conservator" means a person who is appointed by a court to manage the estate of a protected person, and includes limited conservators as defined in this section. 2..,_ "Court" means the court having jurisdiction in matters relating to the affairs of decedents. 10. "Descendant" of an individual means all descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this title. &.- lL. "Devise", when used as a noun, means a testamentary disposition of real or personal property, and when used as a verb, means to dispose of real or personal property by will. 9-. 1£,_ "Devisee" means aft)' g_ person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. ¥J.:. 1J.... "Di sabi 1ity" means cause for a protective order as described 5y in section 30.1-29-01.
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