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.