|
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.
|
