CHAPTER 30-16
HOMESTEAD EXEMPTION AND ALLOWANCE
30-16-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
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<br>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<br>majority.
30-16-02. Descent and distribution of homestead estate. Upon the death of a person
in whom the title to real property constituting a homestead is vested, a homestead estate shall<br>survive, and, until otherwise disposed of according to law, shall be set over to the persons and in<br>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<br>the youngest attains majority.
3.
If the surviving spouse dies before the youngest child attains majority, then after<br>such death to the decedent's minor child or children, if any, until the youngest attains<br>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<br>lived.
30-16-03. Homestead, ascertainment - Setting apart. After the death of the owner, the
homestead, upon the selection of the person or persons entitled to the possession thereof, must<br>be ascertained and set apart as provided in this chapter, except that if the homestead was<br>ascertained and set off to the decedent before the decedent's death, in the manner provided by<br>law, such homestead, as defined in section 30-16-01, must not be again ascertained and the<br>homestead estate provided for in section 30-16-02 shall be commensurate therewith.
The
homestead shall not be subject to the payment of any debt or liability contracted by or existing<br>against the husband or wife, or either of them, previous to or at the time of the death of such<br>husband or wife, other than the liabilities set forth in section 47-18-04, and except as otherwise<br>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<br>that estate, exempt from decedent's debts except claims in favor of the county for county general<br>assistance and also for claims of the state of North Dakota for repayment of old-age assistance<br>and aid to the permanently and totally disabled and as otherwise provided in section 47-18-04,<br>and must be distributed in the manner in which real property not subjected to a homestead estate<br>is distributed or as directed in the decedent's will. The real property constituting the homestead<br>of a decedent, or any part thereof, may not descend or be distributed to any person other than<br>the surviving spouse and decedent's heirs in the direct descending line as prescribed in title 30.1<br>until all the decedent's debts are fully paid.
30-16-05. Personal representative to value homestead. The personal representative
of an estate must procure from the person or persons to whom real property subjected to a<br>homestead estate has descended a description of such property and must appraise the same at<br>its value at the time of the death of the decedent. If necessary, the personal representative shall<br>cause the boundaries thereof to be ascertained and marked in the personal representative's<br>presence by a competent surveyor. If the personal representative finds that it has been selected
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in such form as will materially diminish the value of any remaining part of the property, the<br>personal representative may modify its boundaries so as to avoid such injury if it can be done<br>without material injury to the homestead property. Should the personal representative find that<br>the property selected as a homestead exceeds in value any limitation in value fixed by law, the<br>personal representative in like manner shall set off the homestead in such form as to exclude the<br>excess unless the personal representative further finds that the property cannot be divided<br>without material injury. The personal representative shall make a full report of all the personal<br>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,
§ 82.
30-16-07. Return of inventory and appraisement - Objections - Hearing. Repealed
by S.L. 1973, ch. 257, § 82.
30-16-08. Decree setting apart homestead estate. In its decree made in proceedings
to set apart the homestead estate, the court must set apart the homestead estate and set forth<br>the name and the date on which each minor will attain majority and shall direct that in case the<br>surviving spouse dies before the last of such dates is reached, the minor child or children then<br>surviving, from the time of such death, shall succeed to such homestead estate until the<br>youngest child attains majority.
30-16-09. Excess value of homestead available for debts. If the court finds that the
homestead selected in an estate exceeds in value any limitation fixed by law and that the<br>property cannot be divided without material injury, the order setting it apart must determine the<br>amount of such excess, and thereafter the property to the extent of the excess so determined<br>may be subjected, after all of the other available property has been exhausted, to the payment of<br>debts in the same manner as other property.
30-16-10. Allowance for the family - Preferred claim - When effective. Repealed by
S.L. 1973, ch. 257, § 82.
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Document Outline
chapter 30-16 homestead exemption and allowance
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