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ND HB1364

Bill

Official Source

Status

Engrossed

2/10/2021

Primary Sponsor

Tom Kading

Click for details

Origin

House of Representatives

67th Legislative Assembly

AI Summary

  • Changes personal property handling requirements for personal representatives by replacing discretionary language ("may") with mandatory language ("must") regarding possession of real and tangible personal property
  • Requires personal representatives to secure a court order before taking possession of property unless the person presumptively entitled to it agrees to surrender it
  • Establishes that a personal representative's request for property delivery from an heir or devisee serves as conclusive evidence that possession is necessary for administration purposes
  • Adds explicit duty for personal representatives to pay mortgages and liens due during their possession of the estate as part of their management and preservation obligations

Legislative Description

The duties of a personal representative.

Last Action

Second reading, failed to pass, yeas 3 nays 42

3/26/2021

Committee Referrals

Judiciary1/15/2021

Full Bill Text

No bill text available