30.1-04-01. (2-101) Intestate estate.
1. Any part of a decedent's estate not effectively disposed of by will passes by
intestate succession to the decedent's heirs as prescribed in this title, except
as modified by the decedent's will. 2. A decedent, by will, may expressly
exclude or limit the right of an individual or class to succeed to property of
the decedent passing by intestate succession. If that individual or a member of
that class survives the decedent, the share of the decedent's intestate estate
to which that individual or class would have succeeded passes as if that
individual or each member of that class had disclaimed the intestate share.
30.1-04-02. (2-102) Share of spouse.
The intestate share of a decedent's surviving spouse is:
1. The entire intestate estate if:
a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the
surviving spouse and there is no other descendant of the surviving spouse who
survives the decedent.
2. The first two hundred thousand dollars, plus three-fourths of any balance of
the intestate estate, if no descendant of the decedent survives the decedent,
but a parent of the decedent survives the decedent.
3. The first one hundred fifty thousand dollars, plus one-half of any balance of
the intestate, if all of the decedent's surviving descendants are also
descendants of the surviving spouse and the surviving spouse has one or more
surviving descendants who are not descendants of the decedent.
4. The first one hundred thousand dollars, plus one-half of any balance of the
intestate estate, if one or more of the decedent's surviving descendants are not
descendants of the surviving spouse.

30.1-04-03. (2-103) Share of heirs other than surviving spouse.
Any part of the intestate estate not passing to the
decedent's surviving spouse under section 30.1-04-02, or the entire intestate
estate if there is no surviving spouse, passes in the following order to the
individuals designated below who survive the decedent:
1. To the decedent's descendants by representation.
2. If there is no surviving descendant, to the decedent's parents equally if
both survive, or to the surviving parent.
3. If there is no surviving descendant or parent, to the descendants of the
decedent's parents or either of them by representation.
4. If there is no surviving descendant, parent, or descendant of a parent, but
the decedent is survived by one or more grandparents or descendants of
grandparents, half of the estate passes to the decedent's paternal grandparents
equally if both survive, or to the surviving paternal grandparent, or to the
descendants of the decedent's paternal grandparents or either of them if both
are deceased, the descendant's taking by representation; and the other half
passes to the decedent's maternal relatives in the same manner; but if there is
no surviving grandparent or descendant of a grandparent on either the paternal
or the maternal side, the entire estate passes to the decedent's relatives on
the other side in the same manner as the half.
30.1-04-05. (2-105) No taker.
If there is no taker under the provisions of this title, the intestate estate
passes to the state for the support of the common schools and an action for the
recovery of such property and to reduce it into the possession of the state or
for its sale and conveyance may be brought by the attorney general or by the
state's attorney in the district court of the county in which the property is
situated.
30.1-04-07. (2-107) Kindred of half blood.
Relatives of the half blood inherit the same share they would inherit if they
were of the whole blood.
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