30-16 Homestead Exemption and Allowance - North Dakota Statutes

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CHAPTER 30-16HOMESTEAD EXEMPTION AND ALLOWANCE30-16-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Homestead" has the meaning set forth in section 47-18-01.2."Homestead estate" means the right to the possession, use, control, income, and
rents of the real property held or occupied by the decedent as a homestead at death.3."Youngest" means the decedent's child, either by birth or adoption, last to attain
majority.30-16-02. Descent and distribution of homestead estate. Upon the death of a personin whom the title to real property constituting a homestead is vested, a homestead estate shall
survive, and, until otherwise disposed of according to law, shall be set over to the persons and in
the order following:1.To the surviving spouse for life or until the surviving spouse again marries.2.If there is no surviving spouse, to the decedent's minor child or children, if any, until
the youngest attains majority.3.If the surviving spouse dies before the youngest child attains majority, then after
such death to the decedent's minor child or children, if any, until the youngest attains
majority.If a surviving minor child dies before the homestead estate has beenterminated, such estate thereafter shall be dealt with as though such child had not
lived.30-16-03. Homestead, ascertainment - Setting apart. After the death of the owner, thehomestead, upon the selection of the person or persons entitled to the possession thereof, must
be ascertained and set apart as provided in this chapter, except that if the homestead was
ascertained and set off to the decedent before the decedent's death, in the manner provided by
law, such homestead, as defined in section 30-16-01, must not be again ascertained and the
homestead estate provided for in section 30-16-02 shall be commensurate therewith.Thehomestead shall not be subject to the payment of any debt or liability contracted by or existing
against the husband or wife, or either of them, previous to or at the time of the death of such
husband or wife, other than the liabilities set forth in section 47-18-04, and except as otherwise
provided in section 30-16-04.30-16-04. Descent and distribution of real property subject to homestead estate.The real property subjected to the homestead estate descends, subject to the full satisfaction of
that estate, exempt from decedent's debts except claims in favor of the county for county general
assistance and also for claims of the state of North Dakota for repayment of old-age assistance
and aid to the permanently and totally disabled and as otherwise provided in section 47-18-04,
and must be distributed in the manner in which real property not subjected to a homestead estate
is distributed or as directed in the decedent's will. The real property constituting the homestead
of a decedent, or any part thereof, may not descend or be distributed to any person other than
the surviving spouse and decedent's heirs in the direct descending line as prescribed in title 30.1
until all the decedent's debts are fully paid.30-16-05. Personal representative to value homestead. The personal representativeof an estate must procure from the person or persons to whom real property subjected to a
homestead estate has descended a description of such property and must appraise the same at
its value at the time of the death of the decedent. If necessary, the personal representative shall
cause the boundaries thereof to be ascertained and marked in the personal representative's
presence by a competent surveyor. If the personal representative finds that it has been selectedPage No. 1in such form as will materially diminish the value of any remaining part of the property, the
personal representative may modify its boundaries so as to avoid such injury if it can be done
without material injury to the homestead property. Should the personal representative find that
the property selected as a homestead exceeds in value any limitation in value fixed by law, the
personal representative in like manner shall set off the homestead in such form as to exclude the
excess unless the personal representative further finds that the property cannot be divided
without material injury. The personal representative shall make a full report of all the personal
representative's findings in relation to the homestead and annex the same to the inventory.30-16-06. Exempt personal property - Selection. Repealed by S.L. 1973, ch. 257,