Detailed Answer
In North Dakota, a year’s allowance provides the surviving spouse with support from the decedent’s estate for one year after death. See NDCC 30.1-17-01 et seq. To determine what property is available, the personal representative must file a complete inventory of all estate assets—including both real and personal property—within 90 days of appointment. North Dakota Century Code requires this inventory to list each item by class, location, and probable value. See NDCC 30.1-15-04.
When preparing a claim for a year’s allowance, you identify which estate items (or their cash equivalents) you wish to use for support—common examples include household furniture, clothing, vehicles, and a reasonable sum of money for living expenses. You do not list your own separate assets; only estate-owned personal property appears in the allowance claim. The court reviews the claim under NDCC 30.1-17-02 and 30.1-17-03 to ensure the requested items fall within statutory limits and take priority over other claims as prescribed.
If certain personal property is exempt by law or already devised to another beneficiary, those items must be clearly marked in the inventory and allowance claim. Priority disputes among multiple claimants follow the rules in NDCC 30.1-17-04. Failing to list required estate assets or over-claiming can delay administration and expose the personal representative and claimant to potential liability.
Helpful Hints
- File the estate inventory within 90 days of appointment to comply with NDCC 30.1-15-04.
- Include every estate asset—furniture, vehicles, bank accounts, life insurance proceeds, and other personal property.
- List only the estate items you intend to use for the year’s allowance; omit assets you already own personally.
- Check the maximum value and priority rules under NDCC 30.1-17-02 through 30.1-17-04 to avoid over-claiming.
- Obtain professional appraisals for high-value items to establish fair market value.
- Clearly identify any property exempt by statute or otherwise designated to another beneficiary.
- Consider consulting an attorney if you face complex estate issues or disputes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on estate administration or year’s allowance claims in North Dakota, consult a licensed attorney in your jurisdiction.