§ 30.1-07-01 — (2-403) Exempt property

North Dakota § 30.1-07-01

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-07: Exempt Property and Allowances

Text

In addition to the homestead defined in section 47-18-01, the decedent's surviving spouse is
entitled from the estate to a value, not exceeding fifteen thousand dollars in excess of any
security interests therein, in household furniture, automobiles, furnishings, appliances, and
personal effects. If there is no surviving spouse, the decedent's minor children, whom the
decedent was obligated to support and children who were in fact being supported by the
decedent, are entitled jointly to the same value. If encumbered chattels are selected and the
value in excess of security interests, plus that of other exempt property, is less than fifteen
thousand dollars, or if there is not fifteen thousand dollars worth of exempt property in the
estate, the spouse or such children are entitled to other assets of the estate, if any, to the extent
necessary to make up the fifteen thousand dollar value. Rights to exempt property and assets
needed to make up a deficiency of exempt property have priority over all claims against the
estate, but the right to any assets to make up a deficiency of exempt property abates as
necessary to permit earlier payment of the homestead allowance and family allowance. These
rights are in addition to any benefit or share passing to the surviving spouse or children by the
decedent's will, unless otherwise provided, by intestate succession, or by way of elective share.