North Dakota Inheritance Law

By Andrine Redsteer

According to North Dakota's Uniform Probate Code, a state resident can explain how he would like his property divided in a last will and testament. However, there are certain guidelines a will maker, known as a testator, must follow to make a valid will. If these guidelines aren't followed, a will may be declared invalid. When this occurs -- or if an individual doesn't make a will at all -- the state laws of intestate succession then govern the division of property.

Spouse's Inheritance

When a person dies with no will or with an invalid will, it's referred to as dying "intestate." In North Dakota, when a married person dies intestate, her surviving spouse is entitled by law to receive an inheritance. North Dakota's laws of intestate succession provide that a surviving spouse is entitled to all of her deceased spouse's estate if there are no surviving children. If there are surviving children, and those children are descendants of the surviving spouse and the deceased spouse, the surviving spouse is still entitled to the entire estate.

Elective Share

North Dakota recognizes a surviving spouse's right to take an elective share of his spouse's estate. For example, if a will provides a spouse with a smaller inheritance than he would receive under state law, he may elect to set aside the portion in the will and choose the share provided by state law. The right to take an elective share ensures that surviving spouses receive a fair and just portion of marital property.

Protect your loved ones. Start My Estate Plan

Children's Inheritance

North Dakota law explains when children are entitled to a share of their parent's estate. If a parent dies intestate and is not married at the time of death, her children receive her entire estate -- in equal shares. If a parent dies intestate and is married when she dies, but her surviving spouse is not her children's biological parent, her children are entitled to what remains of the estate after the surviving spouse receives his share. According to North Dakota's intestate succession laws, if a surviving spouse is not the biological parent of a decedent's children, he is entitled to the first $150,000, plus one-half of the balance of the estate assets -- the children share all that remains equally.

Parent's Inheritance

North Dakota law gives parents the right to inherit all or a portion of their child's estate under certain circumstances. For example, if a child dies without a surviving spouse and no children of her own, her parents inherit her entire estate. However, if a child is married at the time of death, and has no children of her own, her parents are entitled to what remains after the surviving spouse takes his share. In other words, parents inherit what's left after the surviving spouse takes the first $350,000, plus three-fourths of the balance of the estate assets.

Protect your loved ones. Start My Estate Plan
Rhode Island Inheritance Laws

References

Related articles

Mississippi Estate Inheritance Laws

If a Mississippi resident fails to make arrangements for the division of his property by making a will, his property will be divided according to state law. These laws are known as "laws of intestate succession," and they provide a distribution scheme that dictates a priority of heirs. In other words, certain relatives are entitled to all, or a portion of, a decedent's estate under certain circumstances -- if he didn't make a valid will. Dying without a valid will is known as dying "intestate."

Inheritance Laws in Alaska

In Alaska, as in other states, when a decedent doesn't make a will, his property and assets must be divided according to the state's inheritance laws. These laws, known as "laws of intestate succession," provide guidelines as to the priority of heirs and what happens to property when there are no heirs.

The Rules of Inheritance

The rules of inheritance are set according to state law. Each state has its own statutes that explain which relatives have priority and how much inheritance they are are entitled to receive. These statutes, known as "laws of intestate succession," differ from state to state. However, there is a priority of heirs common in many state statutes.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

The Definition of an Heir in California Probate

In California, the term "heir" is defined in the state's probate code. Heirs are people who are entitled to inherit a ...

The Rights of Children of a Deceased Person

Generally, a deceased parent has no obligation to leave property to her children. In fact, nearly every state allows a ...

New York's Children Inheritance Laws

In New York, a parent may make a will devising property to children. New York also allows parents to disinherit a child ...

Arkansas Inheritance Laws

In Arkansas, a resident can make a valid will if he's at least 18 years old and mentally competent. Arkansas law also ...

Browse by category
Ready to Begin? GET STARTED