30.1-13-03. (3-203) Priority among persons seeking appointment as personal
representative.
1. Whether the proceedings are formal or informal, persons who are not disqualified have
priority for appointment in the following order:
a. The person with priority as determined by a probated will, including a person
nominated by a power conferred in a will.
b. The surviving spouse of the decedent who is a devisee of the decedent.
c. Other devisees of the decedent.
d. The surviving spouse of the decedent.
e. Other heirs of the decedent.
f. The guardian or conservator of the decedent at the time of the decedent's death.
g. A trust company.
h. Forty-five days after the death of the decedent, any creditor.
2. An objection to an appointment can be made only in formal proceedings. In case of
objection the priorities stated in subsection 1 apply, except that:
a. If the estate appears to be more than adequate to meet exemptions and costs of
administration but inadequate to discharge anticipated unsecured claims, the
court, on petition of creditors, may appoint any qualified person; or
b. In case of objection to appointment of a person other than one whose priority is
determined by will by an heir or devisee appearing to have a substantial interest
in the estate, the court may appoint a person who is acceptable to heirs and
devisees whose interests in the estate appear to be worth in total more than half
of the probable distributable value, or, in default of this accord, any suitable
person.
3. A person entitled to letters under subdivisions b through e of subsection 1 may
nominate a qualified person to act as personal representative. Any person may
renounce the person's right to nominate or to an appointment by appropriate writing
filed with the court. When two or more persons share a priority, those who do not
renounce must concur in nominating another to act for them, or in applying for
appointment.
4. Conservators of the estates of protected persons, or if there is no conservator, any
guardian except a guardian ad litem of a minor or incapacitated person, may exercise
the same right to nominate, to object to another's appointment, or to participate in
determining the preference of a majority in interest of the heirs and devisees that the
protected person or ward would have if qualified for appointment.
5. Appointment of one who does not have priority, including priority resulting from
renunciation or nomination determined pursuant to this section, may be made only in
formal proceedings. Before appointing one without priority, the court must determine
that those having priority, although given notice of the proceedings, have failed to
request appointment or to nominate another for appointment, and that administration is
necessary.
6. No person is qualified to serve as a personal representative who is:
a. Under the age of eighteen; or
b. A person whom the court finds unsuitable in formal proceedings.
7. A personal representative appointed by a court of the decedent's domicile has priority
over all other persons except in cases in which the decedent's will nominates different
persons to be personal representative in this state and in the state of domicile. The
domiciliary personal representative may nominate another, who shall have the same
priority as the domiciliary personal representative.
8. This section governs priority for appointment of a successor personal representative
but does not apply to the selection of a special administrator.
