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N.D. Cent. Code § 32-21-03

Who may bring action

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

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.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.