N.D. Cent. Code » Chapter Title 32 Chapter 21
North Dakota Century Code

N.D. Cent. Code § 32-21-03 (2026)

Who may bring action

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 15 cases, 1966–2010 · leading case: Goodleft v. Gullickson, 556 N.W.2d 303 (N.D. 1996).
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Goodleft v. Gullickson, 556 N.W.2d 303 (N.D. 1996). · cites it 48× “We hold that, under N.D.C.C. § 32-21-03, Goodleft was not entitled to bring a wrongful death claim as Dustin’s “surviving mother or father” and she failed to satisfy the statutory requirements for bringing the claim in her capacity as personal representative of Dustin’s estate.”
Sheets v. Graco, Inc., 292 N.W.2d 63 (N.D. 1980). · cites it 10× “Section 32-21-04, N.D. C.C. There has never been a self-contained statute of limitations within the wrongful death provisions of Chapter 32-21, N.”
Bartholomay v. St. Thomas Lumber Co., 148 N.W.2d 278 (N.D. 1966). · cites it 8× “The action was brought under the provisions of Section 32-21-03, North Dakota Century Code, which provides for the bringing of an action for wrongful death.”
Weigel v. Lee, 2008 ND 147 (N.D. 2008). · cites it 6× “) In specific wrongful death actions, overlap will likely exist between plaintiffs bringing the action under N.D.C.C. § 32-21-03 and those entitled to any damages.”
R.F. v. M.M., 789 N.W.2d 723 (N.D. 2010). · cites it 2× “We held the grandmother was not the appropriate party to bring a wrongful death action under N.D.C.C. § 32-21-03, but the court failed to give her reasonable time to substitute the child’s parents as plaintiffs or for their ratification of the action under N.”
Broderson v. Boehm, 253 N.W.2d 864 (N.D. 1977). · cites it 3× “The persons who may bring an action for wrongful death are listed in § 32-21-03, and they must proceed in the following order: surviving husband or wife, if any; surviving children, if any; surviving mother or father; and personal representative.”
Ramsey v. Neiman, 634 N.E.2d 211 (Ohio 1994). “); and N.D.CentCode Section 32-21-03 (“The action shall be brought by the following persons in the order *512 named: 1.”
Krise v. Gillund, 184 N.W.2d 405 (N.D. 1971). · cites it 2× “The plaintiff, as surviving wife, brings this action under the provisions of Section 32-21-03, North Dakota Century Code, for herself and for the minor children of the parties, to recover damages for her husband’s death.”
Patten v. Olson, 265 N.W.2d 688 (N.D. 1978). · cites it 2× “Section 32-21-03, N.D.C.C., quoted above, provides that an action may be brought by any one of four categories of persons of whom the first is the surviving husband or wife.”
Hoff v. Elkhorn Bar, 613 F. Supp. 2d 1146 (D.N.D. 2009). · cites it 2× “A wrongful death action shall be brought by the following persons in the order named: (1) the surviving husband or wife; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; and (6) a person who has had…”
Armstrong v. Miller, 200 N.W.2d 282 (N.D. 1972). “The right to bring the action is vested by § 32-21-03, N.D.C.C., in 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; and (4) the personal representative.”
Ramsey v. Neiman, 1994 Ohio 359 (Ohio 1994). “); and N.D. Cent. Code Section 32-21-03 ("The action shall be brought by the following persons in the order named: 1.”
Show all 15 citing cases →
— N.D. Cent. Code § 32-21-03(2) — 1 case
Weigel v. Lee, 2008 ND 147 (N.D. 2008). “) In specific wrongful death actions, overlap will likely exist between plaintiffs bringing the action under N.D.C.C. § 32-21-03 and those entitled to any damages.”
— N.D. Cent. Code § 32-21-03(3) — 1 case
Goodleft v. Gullickson, 556 N.W.2d 303 (N.D. 1996). “We hold that, under N.D.C.C. § 32-21-03, Goodleft was not entitled to bring a wrongful death claim as Dustin’s “surviving mother or father” and she failed to satisfy the statutory requirements for bringing the claim in her capacity as personal representative of Dustin’s estate.”
— N.D. Cent. Code § 32-21-03(4) — 1 case
Goodleft v. Gullickson, 556 N.W.2d 303 (N.D. 1996). “We hold that, under N.D.C.C. § 32-21-03, Goodleft was not entitled to bring a wrongful death claim as Dustin’s “surviving mother or father” and she failed to satisfy the statutory requirements for bringing the claim in her capacity as personal representative of Dustin’s estate.”
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