Current through the 2023 Legislative Sessions
Section 32-21-03 - Who may bring actionThe 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.