What Happens if You Die Without a Will in North Dakota?
North Dakota law has specific rules in place to identify who inherits an estate when there is no will. These rules consider your marital status and surviving family. Here's the breakdown.
If You are Married with Children
- If all of your children are also your spouse's and your spouse has no other descendants, your spouse inherits the entirety of your estate.
- If your children are shared with your spouse, but your spouse also has descendants from another relationship, your spouse inherits the first $225,000 of your estate, plus 1/2 of the remaining balance. Your descendants inherit the rest.
- If you have children who are not your spouse's, your spouse inherits the first $150,000 of your estate, plus 1/2 of the remaining balance. Your children inherit the rest.
If You are Married Without Children
Your spouse inherits your entire estate if you have no living parents. If you have living parents, your spouse inherits the first $300,000, plus 3/4 of the remaining balance, and your parents inherit the rest.
If You Don't Have a Spouse, but Have Children
Your children inherit your estate and divide your assets equally.
If You Don't Have a Spouse or Children
Your parents inherit your estate. If neither parent survives, your siblings inherit next.
If No Living Relatives Can Be Found
Your property reverts to the state of North Dakota, though this is rare given how broadly the law searches for relatives first.
Other Things to Know about Dying Without a Will in North Dakota
- Legally adopted children inherit equally alongside biological children.
- North Dakota's intestacy rules only provide for spouses and relatives by blood or adoption, so unmarried partners and stepchildren who were never adopted do not inherit from an estate.
- Property you own jointly with right of survivorship, or that has a named beneficiary, passes outside of these rules entirely and are automatically transferred to the specified owner.
When Does an Estate Go Through Probate Without a Will
If you die without a will in North Dakota, your estate may still avoid full probate if the personal property is valued at $100,000 or less and there is no real property, using an affidavit for collection of personal property available 30 days after death. Real property and larger estates go through the District Court.
Check out our article to learn more about probate in North Dakota.
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