North Dakota Code § 30.1-18-09

(3-709) Duty of personal representative - Possession of estate
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Except as otherwise provided by a decedent's will, every personal representative has a right 
to, and shall take possession or control of, the decedent's property, except that any real property 
or tangible personal property may be left with or surrendered to the person presumptively 
entitled thereto unless or until, in the judgment of the personal representative, possession of the 
property by the personal representative will be necessary for purposes of administration. The 
request by a personal representative for delivery of any property possessed by an heir or 
devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, 
that the possession of the property by the personal representative is necessary for purposes of 
administration. The personal representative shall pay taxes on, and take all steps reasonably 
necessary for the management, protection, and preservation of, the estate in the personal 
representative's possession. The personal representative may maintain an action to recover 
possession of property or to determine the title thereto.

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