30.1-05-01. (2-202) Elective share

30.1-05-01. (2-202) Elective share

1. The surviving spouse of a decedent who dies domiciled in this state has a right of

election, under the limitations and conditions stated in this chapter, to take an elective

share amount equal to fifty percent of the augmented estate.

2. If the sum of the amounts described in subdivision d of subsection 2 of section

30.1-05-02, subdivision a of subsection 1 of section 30.1-05-03, and that part of the

elective-share amount payable from the decedent's probate estate and nonprobate

transfers to others under subsections 2 and 3 of section 30.1-05-03 is less than

seventy-five thousand dollars, the surviving spouse is entitled to a supplemental

elective-share amount equal to seventy-five thousand dollars minus the sum of the

amounts described in those sections. The supplemental elective-share amount is

payable from the decedent's probate estate and from recipients of the decedent's

nonprobate transfers to others in the order of priority set forth in subsections 2 and 3 of

section 30.1-05-03.

3. If the right of election is exercised by or on behalf of the surviving spouse, the

surviving spouse's homestead allowance, exempt property, and family allowance, if

any, are not charged against, but are in addition to, the elective-share and

supplemental elective-share amounts.

4. The right, if any, of the surviving spouse of a decedent who dies domiciled outside this

state to take an elective share in property in this state is governed by the law of the

decedent's domicile at death.