In the Matter of Estate of Allmaras

[¶ 27] I respectfully dissent.

[¶ 28] The petitioners appealed from a district court order denying their claim in Margaret Allmaras’s estate. I would conclude the petitioners failed to meet their burden of proof and to take the appropriate procedural steps to pursue their claim. I find no North Dakota law permitting the personal representative or district court to recreate nonprobate property when such a recreation would be contrary to an express provision in Margaret Allmaras’s valid will. Therefore, I would affirm the decision of the district court.

I

[¶ 29] A district court has discretionary…