Dying without a will*

Since something must be done with property after a death, the state of North Dakota has provided a method for dividing it among heirs. If other arrangements have not been made (such as through a will or living trust), do you know how and to whom property you own will be distributed if you die? The decedent's solely owned property, as well as the decedent's share of tenancy-in-common property, of a North Dakota resident who dies intestate (without a valid will) is generally distributed in the following manner:

Survivors Division of PropertySpouse but no children (descendants**) and no parents

All to surviving spouse.

Spouse and all children are those of the decedent and the surviving spouse

All to surviving spouse.

Spouse, no children, but decedent leaves a parent Surviving spouse receives first $300,000 plus 3/4 of balance of estate.Parent receives 1/4 of balance of estate.

Spouse, children of decedent and spouse, and children of spouse who are NOT children of the decedent (that is, the decedent had step-children)

Surviving spouse receives first $225,000 plus 1/2 of balance of estate.Decedent's children (but not the step children) share remaining 1/2 equally.

Spouse and children of decedent who are not children of the surviving spouse (that is, the decedent’s children are step-children of the surviving spouse, and the decedent and surviving spouse had no children together)

Surviving spouse gets first $150,000 plus 1/2 of balance of estate.Decedent's children share remaining 1/2 equally.

No spouse. Children only. Divide estate equally.No spouse. One or more of decedent’s children predeceased the decedent but left issue (that is, decedent has grandchildren)

Decedent's children and grandchildren take by right of representation.

Parents only, no spouse or children To both parents equally, or to the surviving parent.Siblings only, no spouse, children or parents Siblings share equally (including nephews and

nieces by representation of any deceased sibling of the decedent)

Other relatives only Half to maternal grandparents and half to paternal grand-parents.If no grandparents, half to maternal aunts and uncles, equally; half to paternal aunts and uncles equally.If no aunts or uncles, divide among first cousins by representation.Distribution does not go onto second cousins or other descendants of great-grandparents

No spouse, children or other descendants, parents, grand-parents, descendants of parents, or descendants of grandparents

Divide among step-children and their decedents by representation

No relatives Escheats to the state of North Dakota

* Based on North Dakota Century Code §§30.1-04-02 and -03.

** Descendants are lineal descendants and their direct descendants, such as children, grandchildren and great-grandchildren. Legally adopted children are considered issue and inherit accordingly.