ND risk area
Complexity triggers in North Dakota
Scenarios that increase estate risk, such as blended families or multi-state property.
North Dakota provides an elective share based on the augmented estate and a family allowance that has priority over most claims.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take one-half of the augmented estate.
- A family allowance is exempt from and has priority over most claims against the estate.
Questions to consider
Questions this risk area helps you evaluate in North Dakota
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
North Dakota provides an elective share based on the augmented estate and a family allowance that has priority over most claims.
- A surviving spouse may elect to take one-half of the augmented estate.
- A family allowance is exempt from and has priority over most claims against the estate.
Sources
- https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-05-01/
- https://codes.findlaw.com/nd/title-30-1-uniform-probate-code/nd-cent-code-sect-30-1-07-02/
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in North Dakota.