North Dakota Law Regarding Intestate Estate
Full Question:
Answer:
The following are ND statutes:
30.1-04-03. (2-103) Share of heirs other than surviving spouse. Any part of the
intestate estate not passing to the decedent's surviving spouse under section 30.1-04-02, or the
entire intestate estate if there is no surviving spouse, passes in the following order to the
individuals designated below who survive the decedent:
1. To the decedent's descendants by representation.
2. If there is no surviving descendant, to the decedent's parents equally if both survive,
or to the surviving parent.
3. If there is no surviving descendant or parent, to the descendants of the decedent's
parents or either of them by representation.
4. If there is no surviving descendant, parent, or descendant of a parent, but the
decedent is survived by one or more grandparents or descendants of grandparents,
half of the estate passes to the decedent's paternal grandparents equally if both
survive, or to the surviving paternal grandparent, or to the descendants of the
decedent's paternal grandparents or either of them if both are deceased, the
Page No. 1?descendant's taking by representation; and the other half passes to the decedent's
maternal relatives in the same manner; but if there is no surviving grandparent or
descendant of a grandparent on either the paternal or the maternal side, the entire
estate passes to the decedent's relatives on the other side in the same manner as
the half.
30.1-04-03.1. Individuals related to decedent through two lines. An individual who is
related to the decedent through two lines of relationship is entitled to only a single share based
on the relationship that would entitle the individual to the larger share.
30.1-04-04. (2-104) Requirement that heir survive decedent for one hundred twenty
hours. An individual who fails to survive the decedent by one hundred twenty hours is deemed
to have predeceased the decedent for purposes of homestead allowance, exempt property, and
intestate succession, and the decedent's heirs are determined accordingly. If it is not established
by clear and convincing evidence that an individual who would otherwise be an heir survived the
decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the
required period. This section is not to be applied if its application would result in a taking of
intestate estate by the state under section 30.1-04-05.
30.1-04-05. (2-105) No taker. If there is no taker under the provisions of this title, the
intestate estate passes to the state for the support of the common schools and an action for the
recovery of such property and to reduce it into the possession of the state or for its sale and
conveyance may be brought by the attorney general or by the state's attorney in the district court
of the county in which the property is situated.
30.1-04-06. Representation. Repealed by S.L. 1995, ch. 322, § 26.
30.1-04-07. (2-107) Kindred of half blood. Relatives of the half blood inherit the same
share they would inherit if they were of the whole blood.
30.1-04-08. (2-108) Afterborn heirs. An individual in gestation at a particular time is
treated as living at that time if the individual lives one hundred twenty hours or more after birth.
30.1-04-09. (2-114) Meaning of child and related terms. If, for purposes of intestate
succession, a relationship of parent and child must be established to determine succession by,
through, or from a person:
1. An adopted individual is the child of an adopting parent or parents and not of the
natural parents, but adoption of a child by the spouse of either natural parent has no
effect on the relationship between the child and that natural parent or the right of the
child or a descendant of the child to inherit from or through the other natural parent.
2. Inheritance from and through a child by either natural parent or kindred is precluded
unless that natural parent has openly treated the child as the parent's, and has not
refused to support the child.
3. In cases not covered by subsections 1 and 2, an individual is the child of its natural
parents regardless of the marital status of its parents. The parent and child
relationship may be established under chapter 14-17.