Disclaimer: This article provides general information only and does not constitute legal advice.
Detailed Answer
Under North Dakota law, when a person dies without a valid will (intestate), their assets pass according to the North Dakota Century Code (NDCC). The key statute is NDCC 30.1-03-03, which sets the order of distribution.
If the decedent leaves no surviving spouse but has surviving children, the entire estate goes to those children by representation. “By representation” means each branch of the family takes its share. When all three children survive the decedent, each child receives one-third (1/3) of the estate.
If one child predeceased the decedent but left children (the decedent’s grandchildren), those grandchildren step into their parent’s share. For example, if Child A died before the decedent and left two children, each grandchild would split that one-third share equally, receiving one-sixth (1/6) of the total estate.
“Intestate property” includes real and personal property located in North Dakota, as defined in NDCC 30.1-01-01.
The probate court in the decedent’s home county appoints a personal representative. This person gathers assets, notifies heirs and creditors, pays valid debts and taxes, and distributes the remainder per statute. Heirs must prove their right to inherit, often by providing birth and death certificates.
Helpful Hints
- Identify all children and any descendants of a predeceased child.
- Gather vital records: birth, death, and marriage certificates.
- File the probate petition promptly in the decedent’s county of residence.
- Notify creditors and allow the statute-defined period for claims.
- Keep detailed records of all estate transactions.
- Consider consulting a North Dakota probate attorney for complex situations, such as contested heirship or out-of-state property.