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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The district court where the will is probated has exclusive jurisdiction over the following procedures that are governed by this chapter:
a. To approve the acceptance of a testamentary appointment of a guardian; and
b. To transfer a case to juvenile court in the event of an objection to the testamentary appointment under section 30.1-27-07.
2. The juvenile court under chapter 27-20.1 has exclusive original jurisdiction over proceedings to consider objections to the testamentary appointment under section 30.1-27-07 and over the court appointment of a guardian of a minor except the appointment of a guardian for a minor becoming an incapacitated adult under section 30.1-28-03.3. Any person interested in the welfare of a minor may petition the juvenile court for the appointment of a guardian under section 27-20.1-05 in the following situations:
a. If there is a living parent of the minor, known or unknown;
b. If the testamentary guardian fails to accept appointment as guardian within sixty days after the death of the minor's last living parent;
c. If both parents are dead or the surviving parent's rights have been terminated by prior court order, but there has been no appointment of a guardian for the minor by will; or
d. If a guardianship of a minor is sought for any other reason.
Cite this article: FindLaw.com - North Dakota Century Code Title 30.1. Uniform Probate Code § 30.1-27-05. (5-205) Jurisdiction and venue - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-27-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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