59-10.1-03. Limitation of action
A proceeding under this chapter may not be commenced later than the earliest of the
following:
1. One hundred twenty days after the date the trustee notified the individual contesting
the trust of the trust's existence or amendment. The notice must include the trustee's
name and address and a copy of the trust instrument with amendments, if any, and
must inform the recipient of the time allowed under this section for initiating a
proceeding to contest the trust. A trustee may not have any liability under the
governing instrument, to a third party, for failure to provide a notice under this
subsection. Service of this notice is presumed to have been received upon delivery of
the notice to the last known address of the individual to whom the notice is addressed;
2. Three years after the settlor's death;
3. If the trust was revocable immediately before the settlor's death and the trust was
specifically referred to in the settlor's last will, then the time in which a petition for
review of a will could be filed under state law; or
4. The date an individual's right to contest was precluded by adjudication, consent, or
other limitation.
