N.D. Cent. Code § 30.1-35-01 Time of taking effect - Provisions for transition
30.1-35-01. Time of taking effect - Provisions for transition
1. This title takes effect on July 1, 1975.
2. Except as provided elsewhere in this title, on the effective date of this title or any
amendment to this title:
a. The title or amendment applies to any wills of decedents dying thereafter. No
provision of this title, however, shall be effective to invalidate any will executed
prior to July 1, 1975, when that will would be valid under the laws of this state in
effect at the time of its execution.
b. The title or amendment applies to any proceedings in court then pending or
thereafter commenced regardless of the time of the death of decedent except to
the extent that in the opinion of the court the former procedure should be made
applicable in a particular case in the interest of justice or because of infeasibility
of application of the procedure of this title.
c. Every personal representative, including a person administering an estate of a
minor or incompetent holding an appointment on that date, continues to hold the
appointment but has only the powers conferred by this title or the amendment
and is subject to the duties imposed with respect to any act occurring or done
thereafter.
d. An act done before the effective date in any proceeding and any accrued right is
not impaired by this title or the amendment. If a right is acquired, extinguished, or
barred upon the expiration of a prescribed period of time which has commenced
to run by the provisions of any statute before the effective date, the provisions
shall remain in force with respect to that right.
e. Any rule of construction or presumption provided in this title or the amendment
applies to instruments executed and multiple-party accounts opened before the
effective date unless there is a clear indication of a contrary intent.
f. A person holding office as judge of the court on the effective date of this title may
continue the office of judge of this court and may be selected for additional terms
after the effective date of this title.