Probate & Trust Law Section Conference Manual ... - Minnesota CLE

A person who executes a will may institute a declaratory judgment
proceeding for the validity of the will as to: the signature; required
number of witnesses and their signatures; testamentary capacity;
and, freedom from undue influence.
Interested parties to be served are beneficiaries named in will and
all present intestate successors since they are deemed possessed of
inchoate property rights.
If Court finds the will was properly executed, free of undue
influence and made with the requisite testamentary capacity, the
Court declares the will valid and orders it placed on file with the
Court. This finding of validity constitutes an adjudication of
probate.
This will is then binding in North Dakota unless the testator
executes a new will.
4. Elective Share of Surviving Spouse and Allowances. N.D.C.C. Chapter
30.1-05.
Fifty (50%) percent of augmented estate.
Right of election may be exercised by surviving spouse, guardian,
conservator or attorney-in-fact.
If surviving spouse is incapacitated, Court appoints a trustee to
administer the elective share with distributions of income and
principal for support, with regard to other sources of support,
income and property of surviving spouse, but exclusive of medical
assistance benefits. Upon the death of the surviving spouse, the
trustee transfers the remaining trust property to the residuary
beneficiaries.
Homestead Allowance. N.D.C.C. §§ 30-16-02 and 47-18-01
(defined as dwelling and contiguous land, not to exceed $100,000
over and above liens and encumbrances).
o To the surviving spouse for life or until remarriage, or for
minors until 18 years old.
o Court decree sets apart homestead estate.
Exempt Property Allowance. N.D.C.C. § 30.1-07-01, for
surviving spouse or, if none, for minor children the decedent was
obligated to support. Consists of $15,000 in tangible personal
property or equivalent cash.
Family Allowance. N.D.C.C. § 30.1-07-02, for surviving spouse
and minor children the decedent was obligated to support for the
entire period of estate administration, but limited to one year for
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