Title 30, Judicial Procedure, Probate

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 rents of the real property held or occupied by the decedent a…

Upon the death of a person in whom the title to real property constituting a homestead is vested, a homestead estate shall survive, and, until otherwise disposed of according to law, shall be set over to the persons and in the order following: 1. To the surviving spouse for life …

After the death of the owner, the homestead, upon the selection of the person or persons entitled to the possession thereof, must be ascertained and set apart as provided in this chapter, except that if the homestead was ascertained and set off to the decedent before the decedent…

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 …

The personal representative of an estate must procure from the person or persons to whom real property subjected to a homestead estate has descended a description of such property and must appraise the same at its value at the time of the death of the decedent. If necessary, the …

In its decree made in proceedings to set apart the homestead estate, the court must set apart the homestead estate and set forth the name and the date on which each minor will attain majority and shall direct that in case the surviving spouse dies before the last of such dates is…

If the court finds that the homestead selected in an estate exceeds in value any limitation fixed by law and that the property cannot be divided without material injury, the order setting it apart must determine the amount of such excess, and thereafter the property to the extent…