N.D.C.C. Section 30.1-04-01;

North Dakota Intestate Estate

North Dakota Intestate Estate – N.D.C.C. Section 30.1-04-01

A person who dies without having executed a Will which is valid in North Dakota is said to have died intestate.

N.D.C.C. Section 30.1-04-01 – which is captioned “Intestate Estate” – essentially defines the term intestate estate by providing in part as follows:

Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs as prescribed in this title, except as modified by the decedent’s will.
A decedent, by will, may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession.

If that [disinherited] individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.

For comparison purposes, the comparable statute in Minnesota provides as follows:

M.S. 524.2-101 INTESTATE ESTATE.

(a) The intestate estate of the decedent consists of any part of the decedent’s estate not allowed to the decedent’s spouse or descendants under sections 524.2-402, 524.2-403, and 524.2-404, and not disposed of by will.

(b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession.

If that [disinherited] individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed an intestate share.

North Dakota Heirs – N.D.C.C. Section 30.1-01-06(23)

N.D.C.C. Section 30.1-01-06(23) defines the term heirs in North Dakota as follows:

Heirs . . . means persons, including the surviving spouse and the state, who are entitled under the statutes of intestate succession to the property of a decedent.

North Dakota Will – N.D.C.C. Section 30.1-01-06(62)

N.D.C.C. Section 30.1-01-06(62) defines the term Will in North Dakota as follows:

Will includes [a] codicil and any testamentary instrument that

merely appoints an executor,
revokes or revises another will,
nominates a guardian, or
expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Conclusion – N.D.C.C. Section 30.1-04-01

North Dakota Heirs – N.D.C.C. Section 30.1-01-06(23)

Determining the identity of a decedent’s legal heirs with respect to North Dakota property interests can be challenging – particularly if several generations have passed without a determination of such heirs by any court.

For assistance in claiming your rights to an intestate share of North Dakota property – including mineral rights – contact Minnesota and North Dakota probate attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

No claim to the text of statutory provisions, or judicial decisions.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone: 763-780-8390 Fax: 763-780-1735

gary@dahlelaw.com

Legal Disclaimer

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