§ 30-16-02 — Descent and distribution of homestead estate

Upon the death of a person in whom the title to real property constituting a homestead is
vested, a homestead estate shall survive, and, until otherwise disposed of according to law,
shall be set over to the persons and in the order following:
1. To the surviving spouse for life or until the surviving spouse again marries.
2. If there is no surviving spouse, to the decedent's minor child or children, if any, until the
youngest attains majority.
3. If the surviving spouse dies before the youngest child attains majority, then after such
death to the decedent's minor child or children, if any, until the youngest attains
majority. If a surviving minor child dies before the homestead estate has been
terminated, such estate thereafter shall be dealt with as though such child had not
lived.