Skip to content
Oakclause

Spousal Elective Share Law in North Dakota

In North Dakota, a surviving spouse can elect 50% of the augmented estate, by petition within 9 months after death or 6 months after the will is probated, whichever is later.

Last checked . General information, not legal advice.

North Dakota at a glance

Elective share
50% of the augmented estate
A supplemental amount brings the spouse up to $75,000 in some cases. Homestead, exempt property and family allowances are added on top.
Deadline to elect
9 months after death or 6 months after will probate, if later
The spouse can ask the court to extend the time by a petition filed within 9 months after death.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in North Dakota

How much can a surviving spouse claim in North Dakota if left out of the will?

Elective share in North Dakota: 50% of the augmented estate. A supplemental amount brings the spouse up to $75,000 in some cases. Homestead, exempt property and family allowances are added on top.

What is the deadline to claim the elective share in North Dakota?

Deadline to elect in North Dakota: 9 months after death or 6 months after will probate, if later. The spouse can ask the court to extend the time by a petition filed within 9 months after death.

Is North Dakota a community property state?

No. Community property state in North Dakota: no. Not on the IRS list of community property states.

Where do the North Dakota spousal elective share laws come from?

The rules above come from N.D.C.C. 30.1-05-01 and N.D.C.C. 30.1-05-05. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.