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ND HB1213

Bill

Status

Introduced

1/9/2017

Primary Sponsor

Lawrence Klemin

Click for details

Origin

House of Representatives

65th Legislative Assembly

AI Summary

  • Creates chapter 14-21 of the North Dakota Century Code to govern disposition of community property acquired under laws of other jurisdictions upon death of a married person.

  • Applies to personal property acquired as community property in other jurisdictions and real property in North Dakota acquired with proceeds or rents from such community property.

  • Upon death, one-half of applicable property automatically becomes the surviving spouse's property free from testamentary disposition, while the other half passes to the decedent's estate subject to will or succession laws.

  • Establishes procedures for perfecting title to applicable property held by either the surviving spouse or the decedent's personal representative, heir, or devisee through court order or executed instruments.

  • Protects purchasers for value and lenders who take security interests in such property in good faith, granting them free and clear title regardless of claims by the surviving spouse or the decedent's heirs.

Legislative Description

The uniform disposition of community property rights at death act.

Last Action

Second reading, failed to pass, yeas 29 nays 61

2/3/2017

Committee Referrals

Judiciary1/9/2017

Full Bill Text

No bill text available