Current through the 2023 Legislative Sessions
Section 30.1-27-05 - (5-205) Jurisdiction and venue1. The district court where the will is probated has exclusive jurisdiction over the following procedures that are governed by this chapter: a. To approve the acceptance of a testamentary appointment of a guardian; and b. To transfer a case to juvenile court in the event of an objection to the testamentary appointment under section 30.1-27-07.2. The juvenile court under chapter 27-20.1 has exclusive original jurisdiction over proceedings to consider objections to the testamentary appointment under section 30.1-27-07 and over the court appointment of a guardian of a minor except the appointment of a guardian for a minor becoming an incapacitated adult under section 30.1-28-03.3. Any person interested in the welfare of a minor may petition the juvenile court for the appointment of a guardian under section 27-20.1-05 in the following situations:a. If there is a living parent of the minor, known or unknown;b. If the testamentary guardian fails to accept appointment as guardian within sixty days after the death of the minor's last living parent;c. If both parents are dead or the surviving parent's rights have been terminated by prior court order, but there has been no appointment of a guardian for the minor by will; ord. If a guardianship of a minor is sought for any other reason.Amended by S.L. 2023 , ch. 308( SB 2224 ), § 6, eff. 8/1/2023.Amended by S.L. 2019 , ch. 274( SB 2072 ), § 3, eff. 8/1/2019.