§ 30.1-06-01 — (2-301) Entitlement of spouse - Premarital will

1. If the testator's surviving spouse married the testator after the testator executed a will,
the surviving spouse is entitled to receive, as an intestate share, no less than the value
of the share of the estate the surviving spouse would have received if the testator had
died intestate as to that portion of the testator's estate, if any, that neither is devised to
a child of the testator who was born before the testator married the surviving spouse
and who is not a child of the surviving spouse nor is devised to a descendant of such a
child or passes under section 30.1-09-05 or 30.1-09-06 to such a child or to a
descendant of such a child, unless:
a. It appears from the will or other evidence that the will was made in contemplation
of the testator's marriage to the surviving spouse;
b. The will expresses the intention that it is to be effective notwithstanding any
subsequent marriage; or
c. The testator provided for the spouse by transfer outside the will and the intent
that the transfer be in lieu of a testamentary provision is shown by the testator's
statements or is reasonably inferred from the amount of the transfer or other
evidence.
2. In satisfying the share provided by this section, devises made by the will to the
testator's surviving spouse, if any, are applied first, and other devises, other than a
devise to a child of the testator who was born before the testator married the surviving
spouse and who is not a child of the surviving spouse or a devise or substitute gift
under section 30.1-09-05 or 30.1-09-06 to a descendant of such a child, abate as
provided in section 30.1-20-02.