North Dakota Intestacy Law

The legislation which governs the priority of heirs when someone dies without writing a North Dakota Will (dying intestate) is contained in Title 30.1 Uniform Probate Code, Chapter 30.1.04 Intestate Succession. Here is the actual wording:
30.1-04-02. (2-102) Share of spouse. The intestate share of a decedent’s surviving spouse is: 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. 30.1-04-03. (2-103) Share of heirs other than surviving spouse. Any part of the intestate estate not passing to a 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 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, 1. or to the surviving parent. 2. If there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation. 3. If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: a. Half 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 descendants taking by representation; and b. Half to the decedent’s maternal grandparents equally if both survive, or to the surviving maternal grandparent, or to the descendants of the decedent’s maternal grandparents or either of them if both are deceased, the descendants taking by representation. 5. 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 on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent’s relatives on the side with one or more surviving members in the manner as described in subsection 4. 6. If there is no surviving spouse, descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, but the intestate decedent has one deceased spouse who has one or more descendants who survive the decedent, to those descendants by representation or has more than one deceased spouse who has one or more descendants who survive the decedent, the estate is divided into as many equal shares as there are deceased spouses, each share passing to those descendants by representation.

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