Title 14, Title 14: Decedents' Estates and Fiduciary Relations

§ 312. Surviving spouse to receive household goods Upon motion, the surviving spouse of a decedent may receive out of the decedent’s estate all furnishings and furniture in the decedent’s household. If any objection is made, the Probate Division of the Superior Court shall decide…

§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle Whenever the estate of a decedent who dies intestate consists principally of a vessel, snowmobile, or all-terrain vehicle, the surviving spouse shall be deemed to be the owner of the vessel, snowmobile, or all-te…

§ 314. Share of heirs other than surviving spouse (a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation. (b) If there is no taker under subsection (a) …

§ 315. Parent and child relationship (a) For the purpose of intestate succession, an individual is the child of his or her parents, regardless of their marital status, but a parent shall not inherit from a child unless the parent has openly acknowledged the child and not refused …

§ 316. Allowances for surviving spouse and family during administration The Probate Division of the Superior Court may make reasonable allowance for the necessary expenses of support and maintenance of the surviving spouse and minor children or either, constituting the family of …

§ 317. Allowance to children before payment of debts The court may make reasonable allowance for the necessary expenses of support and maintenance of any children of the decedent until they reach 18 years of age. The court may order the executor or administrator to retain suffici…

§ 318. Allowance to children after payment of debts Before any partition or division of an estate among the heirs or beneficiaries by will, an allowance may be made for the necessary expenses of support and maintenance of the children of the decedent until they reach 18 years of …

§ 319. Elective share of surviving spouse; notice of rights (a) Subject to subsection (d) of this section, a surviving spouse may elect to waive the provisions of the decedent’s will and in lieu thereof elect to take one-half of the balance of the probate estate, after the paymen…

§ 320. Effect of divorce order A final divorce or dissolution order from any state shall nullify a gift by will to an individual who was the decedent’s spouse at the time the will was executed and any nomination of the spouse as executor, executrix, trustee, guardian, or other fi…

§ 321. Conveyance to defeat spouse’s interest (a) A voluntary transfer of any property by an individual during a marriage or civil union and not to take effect until at or after the individual’s death, made without adequate consideration and for the primary purpose of defeating a…

§ 322. Unlawful killing affecting inheritance Notwithstanding sections 311 through 314 of this title or provisions otherwise made, in any case in which an individual is entitled to inherit or receive property under the last will of a decedent, or otherwise, the individual’s share…

§ 323. Written waiver of spousal rights (a) At any time before or during a marriage, a spouse may waive the right to an elective share of a deceased spouse’s estate, waive the right to a homestead or other allowance, and waive any other spousal rights or interest in property, in …

§ 331. Degrees; how computed: kindred of half-blood Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood. (Added 2009, No. 55, § 5, eff. June 1, 2009.)

§ 332. Share of afterborn child When a child of a testator is born after the making of a will and provision is not made in the will for that child, he or she shall have the same share in the estate of the testator as if the testator had died intestate unless it is apparent from t…

§ 333. Share of child or descendant of child omitted from will When a testator omits to provide in the testator’s will for any child of the testator, or for the descendants of a deceased child, and it appears that the omission was made by mistake or accident, the child or descend…

§ 334. Afterborn and omitted child; from what part of estate share taken When a share of a testator’s estate is assigned to a child born after the making of a will, or to a child or the descendant of a child omitted in the will, the share shall be taken first from the estate not …

§ 335. Beneficiary dying before testator; descendants to take When a testamentary gift is made to a child or other kindred of the testator, and the designated beneficiary dies before the testator, leaving one or more descendants who survive the testator, the descendants shall tak…

§ 336. Individual absent and unheard of; share of estate If an individual entitled to a distributive share of the estate of a decedent is absent and unheard of for six years, two of which are after the death of the decedent, the court in which the decedent’s estate is pending may…

§ 337. Requirement that individual survive decedent for 120 hours Except as provided in the decedent’s will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate suc…

§ 338. Distribution; order in which assets appropriated; abatement (a)(1) Except as provided in subsection (b) of this section, shares of distributees given under a will abate, without any preference or priority as between real and personal property, in the following order: (A) p…