North Dakota Code § 30.1-12-01

(3-101) Devolution of estate at death - Restrictions
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The power of a person to leave property by will, and the rights of creditors, devisees, and 
heirs to the person's property, are subject to the restrictions and limitations contained in this title 
to facilitate the prompt settlement of estates. Upon the death of a person, the decedent's real 
and personal property devolves to the persons to whom it is devised by the decedent's last will 
or to those indicated as substitutes for them in cases involving lapse, renunciation, or other 
circumstances affecting the devolution of testate estate, or in the absence of testamentary 
disposition, to the decedent's heirs, or to those indicated as substitutes for them in cases 
involving renunciation or other circumstances affecting devolution of intestate estates, subject to 
homestead allowance, exempt property, and family allowance, to rights of creditors, elective 
share of the surviving spouse, and to administration.

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