Disclaimer: This article provides general information and does not constitute legal advice.
Understanding Intestate Succession in North Dakota
1. Identifying Real Property and Personal Assets
Under North Dakota law, real property includes land and interests in land, such as homes, commercial buildings, and undeveloped acreage. Personal property consists of movable assets like bank accounts, vehicles, jewelry, household goods, and stocks.
Definitions (NDCC 30.1-01-02): https://www.legis.nd.gov/cencode/t30-1c01.html#30.1-01-02
2. Inventory Process
Once the personal representative is appointed by the probate court, they must file a complete inventory of assets within 90 days. This inventory lists all real and personal property as of the decedent’s date of death, including estimated values.
Inventory requirements (NDCC 30.1-24-01): https://www.legis.nd.gov/cencode/t30-1c24.html#30.1-24-01
3. Distribution of Assets Under Intestacy
If someone dies without a will, North Dakota’s intestate succession statutes in Chapter 30.1-06 determine who inherits. The priority order is:
- Spouse and descendants
- Parents
- Siblings
- More remote relatives
Key distribution rules:
- Spouse without descendants inherits the entire estate (NDCC 30.1-06-01).
- Spouse with descendants inherits the first $100,000 plus half of the remainder; descendants split the balance equally (NDCC 30.1-06-02).
- If no spouse or descendants, the estate passes to parents, then siblings, and so on.
4. Special Considerations
North Dakota is not a community property state, so on intestacy, all assets are treated under the uniform probate code, not community property rules.
Helpful Hints
- Obtain multiple certified death certificates quickly.
- Collect account statements and property deeds early.
- Inventory valuables and seek professional appraisals.
- File inventories accurately and on time with the court.
- Consider consulting a qualified probate attorney to navigate complex estates.