Intestate Succession in North Dakota
State-specific overview · Estate & Probate
North Dakota follows the Uniform Probate Code with equal distribution among spouses and descendants.
How North Dakota treats Intestate Succession
If the deceased leaves a spouse and one child, each receives one-half of the estate. With multiple children, the spouse receives one-third and children split two-thirds equally. If only a spouse survives, the spouse takes the entire estate. North Dakota's UPC adoption creates a straightforward, predictable system that treats spouses and descendants proportionally based on family composition.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Dakota.