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ND HB1226

Bill

Status

Introduced

1/3/2019

Primary Sponsor

Joshua Boschee

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code sections 30.1-23-01 and 30.1-23-02 to include unencumbered real property in the affidavit process for collecting property from a decedent's estate.

  • Requires successors claiming unencumbered real property to file the affidavit with the county recorder in the county where the property is located, signed by all claiming successors or their legal representatives.

  • Adds requirement for affidavit to include a certified or authenticated copy of the decedent's death certificate and statements that the successor investigated and found no subsequent will and no other person has rights to the property.

  • Requires the person claiming to be a successor to swear or affirm that all statements are true and material, acknowledging potential penalties under section 12.1-11-02 for false statements.

  • Extends discharge and release protections to persons paying, delivering, transferring, or issuing unencumbered real property pursuant to affidavit, treating them as if they dealt with a personal representative of the decedent.

Legislative Description

The collection of property by affidavit and the effect of the affidavit.

Last Action

Second reading, failed to pass, yeas 7 nays 82

2/15/2019

Committee Referrals

Judiciary1/3/2019

Full Bill Text

No bill text available