North Dakota Code § 30.1-22-02

(3-1102) Procedure for securing court approval of compromise
Open in Lexace · Ask the AI about this section
The procedure for securing court approval of a compromise is as follows:
1. The terms of the compromise shall be set forth in an agreement in writing which shall 
be executed by all competent persons and parents or guardians acting for any minor 
children having beneficial interests or having claims which will or may be affected by 
the compromise. Execution is not required by any person whose identity cannot be 
ascertained or whose whereabouts is unknown and cannot reasonably be ascertained.
2. Any interested person, including the personal representative, if any, or a trustee, then 
may submit the agreement to the court for its approval and for execution by the 
personal representative, the trustee of every affected testamentary trust, and other 
fiduciaries and representatives.
3. After notice to all interested persons or their representatives, including the personal 
representative of any estate and all affected trustees, the court, if it finds that the 
contest or controversy is in good faith and that the effect of the agreement upon the 
interests of persons represented by fiduciaries or other representatives is just and 
reasonable, shall make an order approving the agreement and directing all fiduciaries 
under its supervision to execute the agreement. Minor children represented only by 
their parents or guardians may be bound only if their parents or guardians join with 
other competent persons in execution of the compromise. Upon the making of the 
order and the execution of the agreement, all further disposition of the estate is in 
accordance with the terms of the agreement.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.