North Dakota 2023-2024 Regular Session

North Dakota Senate Bill SB2381

Introduced
1/23/23  
Refer
1/23/23  
Report Pass
2/8/23  
Engrossed
2/10/23  
Refer
2/17/23  
Report Pass
3/14/23  
Enrolled
4/7/23  

Caption

The deposit of a will.

Impact

The passage of SB2381 is expected to enhance the legal framework concerning the safekeeping of wills in North Dakota. By establishing clearer processes for both preserving wills and their subsequent delivery after a testator's death, the bill aims to protect the interests of testators and their beneficiaries. This legislative change will likely bring more order and security to the management of wills, ensuring that sensitive documents are handled with the confidentiality they require. The provisions also seek to address issues around accessibility while maintaining privacy concerns.

Summary

Senate Bill 2381 addresses the procedures surrounding the deposit of a will in North Dakota. Specifically, it amends section 30.1-11-01 of the North Dakota Century Code, outlining the rules for wills deposited by testators, including their agents. The bill mandates that the will must be sealed for confidentiality and can only be accessed by the testator or an authorized individual during the testator's lifetime. Upon the testator's death, the bill provides certain protocols for delivering the will to designated individuals or the appropriate court.

Sentiment

The sentiment surrounding SB2381 appears to be largely positive, with bipartisan support reflected in the legislative votes, where the bill passed the Senate unanimously with 47 yeas and faced no opposition in the House. This support indicates that legislators view the bill as a necessary update to existing laws on estate planning and will payments, aligning with a growing movement towards more structured and systematic handling of legal documents. Its implications for families could foster a greater sense of security in the handling of wills and estates.

Contention

While there seems to be significant support for this bill, concerns may arise regarding the balance between confidentiality and access. Critics could argue about the implications of limiting access to the will solely to the testator and authorized persons, particularly in cases where disputes may arise after the testator's death. However, the bill aims to mitigate such concerns through established procedures that maintain confidentiality while offering a regulated pathway for legal enforcement and delivery of the will.

Companion Bills

No companion bills found.

Previously Filed As

ND HB724

Provides relative to deposits payable upon the depositor's death

ND HB459

Provides for the transfer of small deposits upon the death of an intestate depositor

ND HB115

Provides for changes to the transfer of small deposits upon the death of the depositor

ND SB2173

Relating to the operation and administration of the Texas Bullion Depository; depository agents; and to the appropriation of money from the fees, charges, penalties, and other amounts related to the depository and deposited to the general revenue fund for that purpose.

ND SB767

Relating to investments made by the comptroller of public accounts with state funds not deposited in state depositories.

ND SB1037

Civil discovery: oral depositions: conduct of deposition.

ND SB115

Enacting the Kansas bullion depository act to authorize the state treasurer to establish, administer or contract for the administration of bullion depositories and allowing for state moneys to be deposited in such bullion depositories and invested in specie legal tender.

ND HB1523

Public depositories.

ND HB05523

An Act Concerning Deposits Of Contributions In Candidate Committees' Depository Accounts.

ND HB1614

Bullion depositories.

Similar Bills

No similar bills found.