Matter of Estate of Hall

Tufte, Justice.

*483 [¶1] Brianna McLaen appeals from an order granting Tyson Hall's petition for an elective share of the Estate of Kandi Ann Hall. McLaen argues the district court erred by determining Tyson Hall could claim an elective share of Kandi Hall's intestate estate and by deciding a warranty deed for certain real property was void. We conclude a surviving spouse may claim an elective share of an intestate estate under N.D.C.C. § 30.1-05-01, but the court erred in determining ownership of the real property. We reverse and remand.

I

[¶2] Kandi and Tyson Hall were married on May 23, 2013.…