N.D. Cent. Code § 30.1-32.1-12

Current through 2023 Legislative Sessions
Section 30.1-32.1-12 - Liability for creditor claims and statutory allowances
1. To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed. The estate may not enforce the liability against a purchaser of the property for value or a person that acquires an encumbrance in the property for value from the person that received the property by a transfer on death deed.
2. If more than one property is transferred by one or more transfer on death deeds, the liability under subsection 1 is apportioned among the properties in proportion to the net values of the property at the transferor's death.
3. A proceeding to enforce the liability under this section may not be commenced later than eighteen months after the transferor's death. Any proceeding to enforce the liability as to property that has been purchased or encumbered for value must be brought against the person that received the property by a transfer on death deed for the net value at the time of the transferor's death.

N.D.C.C. § 30.1-32.1-12

Amended by S.L. 2013, ch. 251 (SB 2165),§ 1, eff. 8/1/2013.
Added by S.L. 2011, ch. 241 (HB 1138),§ 3, eff. 8/1/2011.