(2-209) Sources from which elective share payable
N.D. Cent. Code § 30.1-05-03
in effect30.1-05-03. (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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t30-1c05.pdf#nameddest=30p1-05-03Fetched: 10/16/2026