North Dakota § 30-16-04 Descent and distribution of real property subject to homestead estate

North Dakota Statutes

§ 30-16-04 — Descent and distribution of real property subject to homestead estate

North Dakota § 30-16-04

Title 30Judicial Procedure, Probate

Ch. 30-16Homestead Exemption and Allowance

This text of North Dakota § 30-16-04 (Descent and distribution of real property subject to homestead estate) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30-16-04 (2026).

Text

The real property subjected to the homestead estate descends, subject to the full
satisfaction of that estate, exempt from decedent's debts except claims in favor of the county for
county general assistance, the department of health and human services for general assistance,
and also for claims of the state of North Dakota for repayment of old-age assistance and aid to
the permanently and totally disabled and as otherwise provided in section 47-18-04, and must
be distributed in the manner in which real property not subjected to a homestead estate is
distributed or as directed in the decedent's will. The real property constituting the homestead of
a decedent, or any part thereof, may not descend or be distributed to any person other than the
surviving spouse and decedent's heirs in the dire

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The real property subjected to the homestead estate descends, subject to the full
satisfaction of that estate, exempt from decedent's debts except claims in favor of the county for
county general assistance, the department of health and human services for general assistance,
and also for claims of the state of North Dakota for repayment of old-age assistance and aid to
the permanently and totally disabled and as otherwise provided in section 47-18-04, and must
be distributed in the manner in which real property not subjected to a homestead estate is
distributed or as directed in the decedent's will. The real property constituting the homestead of
a decedent, or any part thereof, may not descend or be distributed to any person other than the
surviving spouse and decedent's heirs in the direct descending line as prescribed in title 30.1
until all the decedent's debts are fully paid.