Estate of Heath

Citations

• 2024 ND 23

Syllabus

A prerequisite to obtaining an order establishing the authority of a domiciliary foreign personal representative is proof of the authority to act as the personal representative in the foreign jurisdiction, meaning an active appointment in the foreign jurisdiction. Chapter 30.1-24, N.D.C.C., gives a district court the authority to consider petitions to initiate foreign probate proceedings. The issuance of an order without satisfaction of all of the statutory prerequisites does not divest subject matter jurisdiction. It is instead an error in the application of the law, which may furnish grounds for appeal, but it does not invalidate the judgment under N.D.R.Civ.P. 60(b)(4). To grant a motion under N.D.R.Civ.P. 60(b)(6), the district court must make a finding that the motion was brought within a reasonable time otherwise, the motion must be denied. A trustee with an interest in a disputed mineral interest that it contends is intended to benefit the trust has sufficient interest in the probate proceedings disposing of those interests, to possess standing. The district court may only take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the court's territorial jurisdiction or it is a fact that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.