Elective Share in North Dakota
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if there are children, or one-half if there are no children.
How North Dakota treats Elective Share
North Dakota's elective share statute allows the surviving spouse to take a statutory share that supersedes the will's provisions. The share is one-third of the net estate if the deceased left surviving children, and one-half if no children survive. The surviving spouse must elect this share within nine months of the death, and the election is filed with the probate court.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Dakota.