30.1-05-03. (2-209) Sources from which elective share payable

30.1-05-03. (2-209) Sources from which elective share payable

1. In a proceeding for an elective share, the following are applied first to satisfy the

elective-share amount and to reduce or eliminate any contributions due from the

decedent's probate estate and recipients of the decedent's nonprobate transfers to

others:

a. Amounts included in the augmented estate under subdivision a of subsection 2 of

section 30.1-05-02 which pass or have passed to the surviving spouse by testate

or intestate succession and amounts included in the augmented estate under

subdivision c of subsection 2 of section 30.1-05-02; and

b. Amounts included in the augmented estate under subdivision d of subsection 2 of

section 30.1-05-02.

2. If, after the application of subsection 1, the elective-share amount is not fully satisfied

or if the surviving spouse is entitled to a supplemental elective-share amount, amounts

included in the decedent's probate estate and in the decedent's nonprobate transfers

to others, other than amounts included under subparagraph a or b of paragraph 3 of

subdivision b of subsection 2 of section 30.1-05-02, are applied first to satisfy the

unsatisfied balance of the elective-share amount or the supplemental elective-share

amount. The decedent's probate estate and that portion of the decedent's nonprobate

transfers to others are so applied that liability for the unsatisfied balance of the

elective-share amount or for the supplemental elective-share amount is equitably

apportioned among the recipients of the decedent's probate estate and of that portion

of the decedent's nonprobate transfers to others in proportion to the value of their

interests therein.

3. If, after the application of subsections 1 and 2, the elective-share or supplemental

elective-share amount is not fully satisfied, the remaining portion of the decedent's

nonprobate transfers to others is so applied that liability for the unsatisfied balance of

the elective-share or supplemental elective-share amount is equitably apportioned

among the recipients of that remaining portion of the decedent's nonprobate transfers

to others in proportion to the value of their interests therein.