30.1-07 Exempt Property and Allowances
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<![CDATA[CHAPTER 30.1-07EXEMPT PROPERTY AND ALLOWANCES30.1-07-00.1. (2-401) Applicable law. This chapter applies to the estate of a decedentwho dies domiciled in this state.The rights to homestead allowance, exempt property, andfamily allowance for a decedent who dies not domiciled in this state are governed by the law of<br>the decedent's domicile at death.30.1-07-01. (2-403) Exempt property. In addition to the homestead defined in section47-18-01, the decedent's surviving spouse is entitled from the estate to a value, not exceeding<br>fifteen thousand dollars in excess of any security interests therein, in household furniture,<br>automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, the<br>decedent's minor children, whom the decedent was obligated to support and children who were<br>in fact being supported by the decedent, are entitled jointly to the same value. If encumbered<br>chattels are selected and the value in excess of security interests, plus that of other exempt<br>property, is less than fifteen thousand dollars, or if there is not fifteen thousand dollars worth of<br>exempt property in the estate, the spouse or such children are entitled to other assets of the<br>estate, if any, to the extent necessary to make up the fifteen thousand dollar value. Rights to<br>exempt property and assets needed to make up a deficiency of exempt property have priority<br>over all claims against the estate, but the right to any assets to make up a deficiency of exempt<br>property abates as necessary to permit earlier payment of the homestead allowance and family<br>allowance. These rights are in addition to any benefit or share passing to the surviving spouse or<br>children by the decedent's will, unless otherwise provided, by intestate succession, or by way of<br>elective share.30.1-07-02. (2-404) Family allowance.1.In addition to the right to homestead allowance and exempt property, the decedent's<br>surviving spouse and minor children whom the decedent was obligated to support<br>and children who were in fact being supported by the decedent are entitled to a<br>reasonable allowance in money out of the estate for their maintenance during the<br>period of administration, which allowance may not continue for longer than one year<br>if the estate is inadequate to discharge allowed claims. The allowance may be paid<br>as a lump sum or in periodic installments. It is payable to the surviving spouse, if<br>living, for the use of the surviving spouse and minor and dependent children;<br>otherwise to the children, or persons having their care and custody. If a minor child<br>or dependent child is not living with the surviving spouse, the allowance may be<br>made partially to the child or the child's guardian or other person having the child's<br>care and custody, and partially to the spouse, as their needs may appear. The<br>family allowance is exempt from and has priority over all claims except the<br>homestead allowance.2.The family allowance is not chargeable against any benefit or share passing to the<br>surviving spouse or children by the will of the decedent, unless otherwise provided,<br>by intestate succession or by way of elective share.The death of any personentitled to family allowance terminates the right to allowances not yet paid.30.1-07-03. (2-405) Source, determination, and documentation.1.If the estate is otherwise sufficient, property specifically devised may not be used to<br>satisfy rights to exempt property. Subject to this restriction, the surviving spouse,<br>guardians of minor children, or children who are adults may select property of the<br>estate as exempt property. The personal representative may make those selections<br>if the surviving spouse, the children, or the guardians of the minor children are<br>unable or fail to do so within a reasonable time, or there is no guardian of a minor<br>child.The personal representative may execute an instrument or deed ofdistribution to establish the ownership of property taken as exempt property. The<br>personal representative may determine the family allowance in a lump sum notPage No. 1exceeding twenty-seven thousand dollars or periodic installments not exceeding two<br>thousand two hundred fifty dollars per month for one year and may disburse funds of<br>the estate in payment of the family allowance. The personal representative or any<br>interested person aggrieved by any selection, determination, payment, proposed<br>payment, or failure to act under this section may petition the court for appropriate<br>relief, which may include a family allowance other than that which the personal<br>representative determined or could have determined.2.If the right to an elective share is exercised on behalf of a surviving spouse who is an<br>incapacitated person, the personal representative may add any unexpended<br>portions payable under the homestead allowance, exempt property, and family<br>allowance to the trust established under subsection 2 of section 30.1-05-06.Page No. 2Document Outlinechapter 30.1-07 exempt property and allowances]]>