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.
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