Full question:
My father passed away a month back in North Dakota. He did not leave any will behind. Will his property be inherited by my mother who is still alive or will I directly inherit the intestate share of my father?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: North Dakota
Answer:
If a person dies without a valid will and was residing in the State of North Dakota, then the intestacy laws comes into action to determine who obtains intestate shares. The intestate succession provisions are given in Chapter 30.1–04 of the North Dakota Statutes & Court Rules.As per N.D. Cent. Code Ann. § 30.1-04-02 (West), if the spouse survives the decedent and there is no surviving decedent or parent or if all of the surviving descendants are also the descendants of the surviving spouse, then the entire intestate goes to the surviving spouse.
The section reads:
“1. The entire intestate estate if:
a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.”
Therefore, the surviving spouse is the heir at law of the deceased husband under the North Dakota law of succession.
a. No descendant or parent of the decedent survives the decedent; or
b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent.
2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent.
3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent.
4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
