§ 30.1-12-01 — (3-101) Devolution of estate at death - Restrictions

The power of a person to leave property by will, and the rights of creditors, devisees, and
heirs to the person's property, are subject to the restrictions and limitations contained in this title
to facilitate the prompt settlement of estates. Upon the death of a person, the decedent's real
and personal property devolves to the persons to whom it is devised by the decedent's last will
or to those indicated as substitutes for them in cases involving lapse, renunciation, or other
circumstances affecting the devolution of testate estate, or in the absence of testamentary
disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases
involving renunciation or other circumstances affecting devolution of intestate estates, subject to
homestead allowance, exempt property, and family allowance, to rights of creditors, elective
share of the surviving spouse, and to administration.