§ 30.1-07-03 — (2-405) Source, determination, and documentation

1. If the estate is otherwise sufficient, property specifically devised may not be used to
satisfy rights to exempt property. Subject to this restriction, the surviving spouse,
guardians of minor children, or children who are adults may select property of the
estate as exempt property. The personal representative may make those selections if
the surviving spouse, the children, or the guardians of the minor children are unable or
fail to do so within a reasonable time, or there is no guardian of a minor child. The
personal representative may execute an instrument or deed of distribution to establish
the ownership of property taken as exempt property. The personal representative may
determine the family allowance in a lump sum not exceeding twenty-seven thousand
dollars or periodic installments not exceeding two thousand two hundred fifty dollars

per month for one year and may disburse funds of the estate in payment of the family
allowance. The personal representative or any interested person aggrieved by any
selection, determination, payment, proposed payment, or failure to act under this
section may petition the court for appropriate relief, which may include a family
allowance other than that which the personal representative determined or could have
determined.
2. If the right to an elective share is exercised on behalf of a surviving spouse who is an
incapacitated person, the personal representative may add any unexpended portions
payable under the homestead allowance, exempt property, and family allowance to the
trust established under subsection 2 of section 30.1-05-06.