North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1224 Compare Versions

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Version 2 (New)

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1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.0889.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Representatives Klemin, Louser, S. Olson, Tveit, Vetter
	7	+	Senators Cory, Hogue, Larson, Sickler
	8	+	A BILL for an Act to amend and reenact section 30.1-23-01 of the North Dakota Century Code,
	9	+	relating to the administration of small estates.
	10	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	11	+	SECTION 1. AMENDMENT. Section 30.1-23-01 of the North Dakota Century Code is
	12	+	amended and reenacted as follows:
	13	+	30.1-23-01. (3-1201) Collection of personal property by affidavit.
	14	+	1.Thirty days after the death of a decedent, any person indebted to the decedent or
	15	+	having possession of tangible personal property or an instrument evidencing a debt,
	16	+	obligation, stock, or chose in action belonging to the decedent shall make payment of
	17	+	the indebtedness or deliver the tangible personal property or an instrument evidencing
	18	+	a debt, obligation, stock, or chose in action to a person claiming to be the successor of
	19	+	the decedent upon being presented an affidavit made by or on behalf of the successor
	20	+	stating that:
	21	+	a.The value of the entire estate subject to distribution or succession under chapters
	22	+	30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does
	23	+	not exceed fiftyone hundred thousand dollars.
	24	+	b.Thirty days have elapsed since the death of the decedent.
	25	+	c.An application or petition for the appointment of a personal representative is not
	26	+	pending or has not been granted in any jurisdiction.
	27	+	d.The claiming successor is entitled to payment or delivery of the property.
	28	+	2.A transfer agent of any security shall change the registered ownership on the books of
	29	+	a corporation or limited liability company from the decedent to the successor upon the
	30	+	presentation of an affidavit as provided in subsection 1.
	31	+	Page No. 1 25.0889.01000
3	32		HOUSE BILL NO. 1224
4		-	(Representatives Klemin, Louser, S. Olson, Tveit, Vetter)
5		-	(Senators Cory, Hogue, Larson, Sickler)
6		-	AN ACT to amend and reenact section 30.1-23-01 of the North Dakota Century Code, relating to the
7		-	administration of small estates.
8		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 30.1-23-01 of the North Dakota Century Code is amended and
10		-	reenacted as follows:
11		-	30.1-23-01. (3-1201) Collection of personal property by affidavit.
12		-	1.Thirty days after the death of a decedent, any person indebted to the decedent or having
13		-	possession of tangible personal property or an instrument evidencing a debt, obligation, stock,
14		-	or chose in action belonging to the decedent shall make payment of the indebtedness or
15		-	deliver the tangible personal property or an instrument evidencing a debt, obligation, stock, or
16		-	chose in action to a person claiming to be the successor of the decedent upon being
17		-	presented an affidavit made by or on behalf of the successor stating that:
18		-	a.The value of the entire estate subject to distribution or succession under chapters
19		-	30.1-01 through 30.1-23, wherever located, less liens and encumbrances, does not
20		-	exceed fiftyone hundred thousand dollars.
21		-	b.Thirty days have elapsed since the death of the decedent.
22		-	c.An application or petition for the appointment of a personal representative is not pending
23		-	or has not been granted in any jurisdiction.
24		-	d.The claiming successor is entitled to payment or delivery of the property.
25		-	2.A transfer agent of any security shall change the registered ownership on the books of a
26		-	corporation or limited liability company from the decedent to the successor upon the
27		-	presentation of an affidavit as provided in subsection 1. H. B. NO. 1224 - PAGE 2
28		-	____________________________ ____________________________
29		-	Speaker of the House President of the Senate
30		-	____________________________ ____________________________
31		-	Chief Clerk of the House Secretary of the Senate
32		-	This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
33		-	Assembly of North Dakota and is known on the records of that body as House Bill No. 1224.
34		-	House Vote: Yeas 88 Nays 0 Absent 6
35		-	Senate Vote:Yeas 47 Nays 0 Absent 0
36		-	____________________________
37		-	Chief Clerk of the House
38		-	Received by the Governor at ________M. on _____________________________________, 2025.
39		-	Approved at ________M. on __________________________________________________, 2025.
40		-	____________________________
41		-	Governor
42		-	Filed in this office this ___________day of _______________________________________, 2025,
43		-	at ________ o’clock ________M.
44		-	____________________________
45		-	Secretary of State
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