Who Inherits If You Die Without a Will in North Dakota

Surviving spouse takes the entire estate if no descendant or parent of the decedent survives, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. If no descendant but a parent survives: spouse takes the first $300,000 plus three-fourths of the rest. If all the decedent's descendants are also the spouse's but the spouse has other descendants: spouse takes the first $225,000 plus one-half of the rest. If any of the decedent's descendants are not the spouse's: spouse takes the first $150,000 plus one-half of the rest. Whatever does not pass to the spouse (or everything, if there is no spouse) goes to descendants by representation; if none, to parents equally or the surviving parent; if none, to the parents' descendants (brothers, sisters, nieces, nephews) by representation; then to grandparents and their descendants, half to each side.

A surviving spouse of a decedent who died domiciled in North Dakota may elect to take fifty percent of the augmented estate (which includes certain nonprobate transfers). If the amounts counted toward the share total less than $75,000, a supplemental elective-share amount brings it up to $75,000. The petition must be filed within nine months after death or six months after the will is probated, whichever is later. Homestead allowance, exempt property and family allowance are in addition to the elective share.

Thirty days after death, a successor may collect the decedent's personal property (money owed, tangible personal property, stock and similar instruments) by presenting an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since death; that no application or petition for a personal representative is pending or has been granted in any jurisdiction; and that the successor is entitled to the property. Transfer agents must re-register securities on the affidavit. The procedure covers personal property only; real estate cannot be transferred this way. The affidavit is presented to whoever holds the property and is not filed with the court.