Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Overview of Intestate Succession in North Dakota
When a person dies without a valid will in North Dakota, the estate passes by intestate succession under the North Dakota Century Code (N.D. Cent. Code). This statutory process determines who inherits property and in what shares. You must open a probate proceeding in the county where the decedent resided to administer the estate.
Statutory Framework
North Dakota’s intestate rules appear in chapter 30.1-03 of the North Dakota Century Code. Key provisions include:
- § 30.1-03-01 – Order of distribution when there is no surviving spouse.
- § 30.1-03-03 – Representation of descendants (per stirpes distribution).
Inheritance When There Is No Spouse and Two Children
If the decedent has no surviving spouse but leaves two children, the entire estate passes to those children equally. Under N.D. Cent. Code § 30.1-03-01, children take in equal shares. When a child predeceases the decedent but leaves descendants, those descendants inherit by representation (per stirpes) under § 30.1-03-03.
Probate Process Steps
- File a petition for probate in the county court where the decedent lived.
- Provide notice to heirs and creditors.
- Inventory and appraise estate assets.
- Pay debts, taxes, and administration expenses.
- Distribute remaining assets to heirs per N.D.C.C. § 30.1-03.
- Close probate once distribution is complete and the court approves.
Calculating Shares
With no spouse and exactly two surviving children, each child inherits 50% of the net estate. If one child is deceased and left children of their own, that branch divides the 50% share equally among those grandchildren.
Intestate succession ensures property passes predictably, but it may not reflect personal wishes. A will allows more control over distribution and can reduce conflicts.
Helpful Hints
- Verify heirs’ identities and addresses early to avoid delays.
- Keep detailed records of notices, inventories, and receipts.
- Consider professional appraisals for real estate or valuable personal property.
- Consult an estate attorney if the estate has complicated assets or debts.
- Review and update your own estate plan to avoid intestacy rules in the future.