Upon the death of a person in 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:

Terms Used In North Dakota Code 30-16-02

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • decedent: A deceased person.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

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 been terminated, such estate thereafter shall be dealt with as though such child had not lived.