Matter of Estate of Tuntland

GIERKE, Justice.

The North Dakota Department of Human Services [the State] appeals from a Steele County Court judgment which allowed payment of funeral expenses in the amount of $4,047.70 on behalf of the Estate of Monroe Tuntland, pursuant to North Dakota’s Uniform Probate Code. The county court concluded that the payment was proper, notwithstanding § 50-24.1-07 of the North Dakota Century Code, which limits payment of funeral expenses to $1,400.00 in cases where the deceased has been a recipient of medical assistance from the State. We reverse and remand.

Monroe Tuntland died on January 31,…