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30.1-04 Intestate Succession

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CHAPTER 30.1-04INTESTATE SUCCESSION30.1-04-01. (2-101) Intestate estate.1.Any part of a decedent's estate not effectively disposed of by will passes by intestate<br>succession to the decedent's heirs as prescribed in this title, except as modified by<br>the decedent's will.2.A decedent, by will, may expressly exclude or limit the right of an individual or class<br>to succeed to property of the decedent passing by intestate succession.If thatindividual or a member of that class survives the decedent, the share of the<br>decedent's intestate estate to which that individual or class would have succeeded<br>passes as if that individual or each member of that class had disclaimed the<br>intestate share.30.1-04-02. (2-102) Share of spouse. The intestate share of a decedent's survivingspouse is:1.The entire intestate estate if:a.No descendant or parent of the decedent survives the decedent; orb.All of the decedent's surviving descendants are also descendants of the<br>surviving spouse and there is no other descendant of the surviving spouse who<br>survives the decedent.2.The first three hundred thousand dollars, plus three-fourths of any balance of the<br>intestate estate, if no descendant of the decedent survives the decedent, but a<br>parent of the decedent survives the decedent.3.The first two hundred twenty-five thousand dollars, plus one-half of any balance of<br>the intestate, if all of the decedent's surviving descendants are also descendants of<br>the surviving spouse and the surviving spouse has one or more surviving<br>descendants who are not descendants of the decedent.4.The first one hundred fifty thousand dollars, plus one-half of any balance of the<br>intestate estate, if one or more of the decedent's surviving descendants are not<br>descendants of the surviving spouse.30.1-04-03. (2-103) Share of heirs other than surviving spouse.Any part of theintestate estate not passing to a decedent's surviving spouse under section 30.1-04-02, or the<br>entire intestate estate if there is no surviving spouse, passes in the following order to the<br>individuals who survive the decedent:1.To the decedent's descendants by representation.2.If there is no surviving descendant, to the decedent's parents equally if both survive,<br>or to the surviving parent.3.If there is no surviving descendant or parent, to the descendants of the decedent's<br>parents or either of them by representation.4.If there is no surviving descendant, parent, or descendant of a parent, but the<br>decedent is survived on both the paternal and maternal sides by one or more<br>grandparents or descendants of grandparents:Page No. 1a.Half to the decedent's paternal grandparents equally if both survive, or to the<br>surviving paternal grandparent, or to the descendants of the decedent's<br>paternal grandparents or either of them if both are deceased, the descendants<br>taking by representation; andb.Half to the decedent's maternal grandparents equally if both survive, or to the<br>surviving maternal grandparent, or to the descendants of the decedent's<br>maternal grandparents or either of them if both are deceased, the descendants<br>taking by representation.5.If there is no surviving descendant, parent, or descendant of a parent, but the<br>decedent is survived by one or more grandparents or descendants of grandparents<br>on the paternal but not the maternal side, or on the maternal but not the paternal<br>side, to the decedent's relatives on the side with one or more surviving members in<br>the manner as described in subsection 4.6.If there is no surviving spouse, descendant, parent, descendant of a parent,<br>grandparent, or descendant of a grandparent, but the intestate decedent has one<br>deceased spouse who has one or more descendants who survive the decedent, to<br>those descendants by representation or has more than one deceased spouse who<br>has one or more descendants who survive the decedent, the estate is divided into as<br>many equal shares as there are deceased spouses, each share passing to those<br>descendants by representation.30.1-04-03.1.(2-113) Individuals related to decedent through two lines.Anindividual who is related to the decedent through two lines of relationship is entitled to only a<br>single share based on the relationship that would entitle the individual to the larger share.30.1-04-04. (2-104) Requirement that heir survive decedent for one hundred twentyhours - Individual in gestation.1.For purposes of intestate succession, homestead allowance, and exempt property,<br>and except as otherwise provided in subsection 2:a.An individual who was born before a decedent's death but who fails to survive<br>the decedent by one hundred twenty hours is deemed to have predeceased the<br>decedent. If it is not established by clear and convincing evidence that an<br>individual who was born before the decedent's death survived the decedent by<br>one hundred twenty hours, it is deemed that the individual failed to survive for<br>the required period.b.An individual who was in gestation at a decedent's death is deemed to be living<br>at the decedent's death if the individual lives one hundred twenty hours after<br>birth. If it is not established by clear and convincing evidence that an individual<br>who was in gestation at the decedent's death lived one hundred twenty hours<br>after birth, it is deemed that the individual failed to survive for the required<br>period.2.This section does not apply if it would result in a taking of the intestate estate by the<br>state under section 30.1-04-05.30.1-04-05. (2-105) No taker. If there is no taker under the provisions of this title, theintestate estate passes to the state for the support of the common schools and an action for the<br>recovery of such property and to reduce it into the possession of the state or for its sale and<br>conveyance may be brought by the attorney general or by the state's attorney in the district court<br>of the county in which the property is situated.30.1-04-06. (2-106) Representation. Repealed by S.L. 1995, ch. 322, </p> <BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content --> <BR class=clear></DIV> <!-- /div id = livearea --> <DIV></DIV><!-- /.col.one --> <DIV></DIV><!-- /.col.main --> <DIV></DIV><!-- /#content --><BR class=clear> <DIV></DIV><!-- /#livearea --> <!-- Footer--> <DIV id=footer> <DIV class=container> <P class=copyright>Copyright &copy; 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright --> <P class=footerlinks><A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A></P><!-- /.footerlinks --> </DIV><!-- /.container --> </DIV><!-- /footer --> </BODY></HTML>