North Dakota § 30.1-32.1-12 Liability for creditor claims and statutory allowances

North Dakota Statutes

§ 30.1-32.1-12 — Liability for creditor claims and statutory allowances

North Dakota § 30.1-32.1-12

Title 30.1Uniform Probate Code

Ch. 30.1-32.1Uniform Real Property Transfer on Death Act

This text of North Dakota § 30.1-32.1-12 (Liability for creditor claims and statutory allowances) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 30.1-32.1-12 (2026).

Text

1.To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed. The estate may not enforce the liability against a purchaser of the property for value or a person that acquires an encumbrance in the property for value from the person that received the property by a transfer on death deed.

2.If more than one property is transferred by one or more transfer on death deeds, the liability under subsection 1 is apportioned among the properties in proportion to the net values of the property at the transferor's death.

3.A proceeding to enforce the liability under this sect

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1. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim
against the estate or a statutory allowance to a surviving spouse or child, the estate
may enforce the liability against property transferred at the transferor's death by a
transfer on death deed. The estate may not enforce the liability against a purchaser of
the property for value or a person that acquires an encumbrance in the property for
value from the person that received the property by a transfer on death deed.
2. If more than one property is transferred by one or more transfer on death deeds, the
liability under subsection 1 is apportioned among the properties in proportion to the net
values of the property at the transferor's death.
3. A proceeding to enforce the liability under this section may not be commenced later
than eighteen months after the transferor's death. Any proceeding to enforce the
liability as to property that has been purchased or encumbered for value must be
brought against the person that received the property by a transfer on death deed for
the net value at the time of the transferor's death.