North Dakota Code § 30.1-04-02

(2-102) Share of spouse
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The intestate share of a decedent's surviving spouse is:
1. The entire intestate estate if:
a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the surviving 
spouse and there is no other descendant of the surviving spouse who survives 
the decedent.
2. The first three hundred thousand dollars, plus three -fourths of any balance of the 
intestate estate, if no descendant of the decedent survives the decedent, but a parent 
of the decedent survives the decedent.
3. The first two hundred twenty -five thousand dollars, plus one -half of any balance of the 
intestate, if all of the decedent's surviving descendants are also descendants of the 
surviving spouse and the surviving spouse has one or more surviving descendants 
who are not descendants of the decedent.
4. The first one hundred fifty thousand dollars, plus one -half of any balance of the 
intestate estate, if one or more of the decedent's surviving descendants are not 
descendants of the surviving spouse.

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