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Spousal Elective Share in North Dakota (2026): The Actual Rule

Updated September 5, 2026. Quick answer: North Dakota’s elective share is not the one-third-of-everything, marriage-length figure most national pages describe. a flat 50% of the augmented estate, plus a supplemental amount bringing the total to $75,000 if it would otherwise fall short

What North Dakota actually sets out

Spousal elective share: North Dakota
What the statute sets outWhat it says
N.D.C.C. Sec. 30.1-05-01 (elective share)“The surviving spouse of a decedent who dies domiciled in this state has a right of election, under the limitations and conditions stated in this chapter, to take an elective share amount equal to fifty percent of the augmented estate.”
The share and what it is measured againsta flat 50% of the augmented estate, plus a supplemental amount bringing the total to $75,000 if it would otherwise fall short; measured against augmented estate.
Regime typeflat fraction, not tied to marriage length
Can it be waivedwaivable by premarital/marital agreement under North Dakota’s Uniform Premarital and Marital Agreements Act (adopted 2013)
Time limit to filewithin 9 months after the decedent’s death, or 6 months after probate of the will, whichever expires later

How it works in practice

  • The share is measured against augmented estate.
  • No. This state’s formula is deliberately built to reach revocable trusts, payable-on-death accounts and other lifetime transfers, precisely so the elective share cannot be defeated by moving assets out of probate before death.
  • Waiver: Waivable by premarital/marital agreement under North Dakota’s Uniform Premarital and Marital Agreements Act (adopted 2013).
  • The election has to be affirmatively filed on a deadline: within 9 months after the decedent’s death, or 6 months after probate of the will, whichever expires later.

The national picture, including the Uniform Probate Code sliding-scale schedule that a minority of states actually use, is on the elective share calculator page; this page is the record for North Dakota specifically, and its own numbers above should be used instead of the calculator’s national default for a North Dakota estate. The one thing that reliably defeats an elective share in every state that has one is explained on whether a prenup can waive the elective share. A newly widowed reader working through the fuller list of irreversible decisions, of which this is one, can start from the surviving spouse checklist.

What this page does not settle

  • This session confirmed the core figure above against a primary or verbatim-mirror source, with one open point: Official ndlegis.gov pages unreadable; text sourced from FindLaw’s mirror, cross-confirmed by an independent search excerpt.
  • A state can amend or repeal this section without the page around it changing, and a detail specific to a reader’s own situation, such as a pending divorce, a premarital agreement, or property held jointly with right of survivorship, can change which part of the statute actually applies.
  • Whether a revocable trust changes the outcome in North Dakota is explained above; that answer is specific to this state and does not generalize to any other one.
  • Every quotation here was read against the source on September 5, 2026. Nothing on this page is legal advice, and the exact dollar or percentage amount a court awards depends on facts this page cannot know.

Whether this statute reaches a given family’s actual facts is decided by a court, not by this page. Nothing here is legal advice, and no one should sign a waiver or forgo an election on the strength of a web page.

Sources

The sources above were retrieved and read against the state text on September 5, 2026. Every quotation on this page was checked against those bytes.

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