ND estate risk
Intestacy risk in North Dakota
How assets are distributed when there is no will and state default rules control the outcome.
North Dakota intestacy gives the surviving spouse a statutory dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs.
At a glance
Key takeaways
- If there is no surviving descendant or parent, or all descendants are also the spouse's and the spouse has no other descendants, the spouse inherits the entire estate.
- If a parent survives but no descendants, the spouse receives the first $300,000 plus three-fourths of the balance.
- If all descendants are the spouse's but the spouse has other descendants, the spouse receives the first $225,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives the first $150,000 plus one-half of the balance.
Questions to consider
Questions to consider in North Dakota
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
North Dakota intestacy gives the surviving spouse a statutory dollar amount plus a fraction in many cases, with the remainder passing to descendants or other heirs.
- If there is no surviving descendant or parent, or all descendants are also the spouse's and the spouse has no other descendants, the spouse inherits the entire estate.
- If a parent survives but no descendants, the spouse receives the first $300,000 plus three-fourths of the balance.
- If all descendants are the spouse's but the spouse has other descendants, the spouse receives the first $225,000 plus one-half of the balance.
- If any descendant is not the spouse's, the spouse receives the first $150,000 plus one-half of the balance.
- Any remainder passes to descendants by representation, then parents, then descendants of parents and more remote relatives.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://law.justia.com/codes/north-dakota/title-30-1/chapter-30-1-04/
- https://www.ndlegis.gov/cencode/t30-1c04.html
Background sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in North Dakota.
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