North Dakota Code 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, the department of health and human services for 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.
Terms Used In North Dakota Code 30-16-04
- Decedent: A deceased person.
- 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.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49