§ 30.1-05-01 — (2-202) Elective share

North Dakota § 30.1-05-01

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-05: Elective Share of Surviving Spouse

Text

1. The surviving spouse of a decedent who dies domiciled in this state has a right of
election, under the limitations and conditions stated in this chapter, to take an elective
share amount equal to fifty percent of the augmented estate.
2. If the sum of the amounts described in subdivision d of subsection 2 of section
30.1-05-02, subdivision a of subsection 1 of section 30.1-05-03, and that part of the
elective-share amount payable from the decedent's probate estate and nonprobate
transfers to others under subsections 2 and 3 of section 30.1-05-03 is less than
seventy-five thousand dollars, the surviving spouse is entitled to a supplemental
elective-share amount equal to seventy-five thousand dollars minus the sum of the
amounts described in those sections. The supplemental elective-share amount is
payable from the decedent's probate estate and from recipients of the decedent's
nonprobate transfers to others in the order of priority set forth in subsections 2 and 3 of
section 30.1-05-03.
3. If the right of election is exercised by or on behalf of the surviving spouse, the
surviving spouse's homestead allowance, exempt property, and family allowance, if
any, are not charged against, but are in addition to, the elective-share and
supplemental elective-share amounts.
4. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this
state to take an elective share in property in this state is governed by the law of the
decedent's domicile at death.