The action shall be brought by the following persons in the order named:

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Terms Used In North Dakota Code 32-21-03

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Decedent: A deceased person.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49

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.