North Dakota Code § 34-01-12

Employer to pay surviving spouse or heirs wages due
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For the purposes of this section, the word "employer" includes every person, firm, 
partnership, corporation, limited liability company, the state of North Dakota, and all municipal 
corporations. If at the time of the death of any person, the person's employer is indebted to the 
person for work, labor, or services performed, and no executor or administrator of the person's 
estate has been appointed, such employer, upon the request of the surviving spouse, or, if there 
is no surviving spouse, then upon the request of the person's next eligible heir or heirs as 
determined by section 30.1 -04-03, forthwith shall pay said indebtedness to the said surviving 
spouse or heirs. The employer shall require proof of the claimant's or claimants' relationship to 
the decedent by affidavit and shall require claimant or claimants to acknowledge receipt of such 
payment in writing. Any payments made by an employer pursuant to the provisions of this 
section operate as a full and complete discharge of the employer's indebtedness to the extent of 
such payment, and no employer thereafter may be liable therefor to the decedent's estate or the 
decedent's executor or administrator thereafter appointed. Any amount so received by a spouse 
or heirs must be considered in diminution of the allowance provided for by section 30.1-07-02.

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