North Dakota Code § 32-21-03

Who may bring action
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The action shall be brought by the following persons in the order named:
1. The surviving husband or wife, if any.
2. The surviving children, if any.
3. The surviving mother or father.
4. A surviving grandparent.
5. The personal representative.
6. A person who has had primary physical custody of the decedent before the wrongful 
act.
If any person entitled to bring the action refuses or neglects so to do for a period of thirty days 
after demand of the person next in order, that person may bring the action.

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