- Married with no children
- 1) The surviving spouse gets the entire estate if no descendant or parent of the decedent survives the decedent.
2) He or she gets the first $300,000 plus one half of any balance if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. - Married with child or children
- 1) If 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, the surviving spouse receives the first $300,000 plus three fourths of any balance of the intestate estate.
2) The surviving spouse receives the first $225,000 plus one half of any balance of the intestate estate 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.
3) The surviving spouse receives the first $150,000 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. - Order of estate distribution if spouse survives
- Any part of the estate not going to the surviving spouse passes as follows:
1) Decedent’s issue
2) Decedent’s parent(s)
3) Decedent’s siblings or their issue
4) Grandparents or their issue
5) Decedent’s uncles, aunts and their children and grandchildren - No spouse survives but there are other relatives
- 1) Decedent’s issue
2) Decedent’s parent(s)
3) Decedent’s sibling or their issue
4) Grandparents or their issue
5) Decedent’s uncles, aunts and their children and grandchildren - Order of estate distribution if decedent not married or widowed
- 1) Decedent’s issue
2) Decedent’s parent(s)
3) Decedent’s sibling or their issue
4) Grandparents or their issue
5) Decedent’s uncles, aunts and their children and grandchildren - No surviving relatives
- The property goes to the state of North Dakota for the support of the common schools.
- State link
- http://www.legis.nd.gov/cencode/t30-1.html
- Special notes
- An individual who fails to survive the decedent by at least 120 hours is deemed to have predeceased the decedent.
