Detailed Answer
Overview of North Dakota Wrongful Death Statute
In North Dakota, you pursue a wrongful death claim under the North Dakota Century Code (NDCC) Chapter 32-23. Section 32-23-07 identifies who may recover damages, and section 32-23-10 directs how a court must distribute any proceeds. You must file your petition in district court in the county where the death occurred. NDCC 32-23-07 | NDCC 32-23-10.
Eligible Beneficiaries
- Spouse of the decedent
- Children (including legally adopted)
- Parents if no spouse or children
- Other next of kin under intestacy rules (NDCC Chapter 14-09) if none of the above
Distribution Rules
NDCC 32-23-10 governs how the court allocates proceeds:
- If the decedent is survived by a spouse and one or more children: the spouse receives one share; the children share one equal portion.
- If only children survive: divide proceeds equally among children.
- If only a spouse survives: the spouse receives the entire award.
- If no spouse or children survive but parents do: parents split the proceeds equally.
- If no spouse, children, or parents survive: the court distributes per intestacy under NDCC Chapter 14-09.
Example Scenario
Suppose a jury awards $300,000 in a wrongful death action, and the decedent leaves a spouse and two children. Under NDCC 32-23-10, the spouse receives $150,000 and each child receives $75,000.
Procedure for Court Approval
1. Prepare a petition for distribution and attach certified documents proving each beneficiary’s relationship (e.g., birth certificates, marriage license).
2. File the petition in the district court that handled the wrongful death action.
3. Serve notice on all beneficiaries.
4. Attend the hearing and obtain the court’s distribution order.
5. Disburse funds according to the court’s order.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney to discuss the specifics of your case.
Helpful Hints
- Gather proof of each heir’s status (e.g., certified vital records).
- Verify any existing wills or estate plans that may affect distribution.
- Allow time for court processing and potential objections.
- Consider mediation if heirs dispute distribution to avoid delays.
- Keep detailed records of all filings and communications.