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Who inherits property if there is no will?

Updated: Apr 9


Who inherits property if there is no will?


Who inherits property if there is no will?


In North Dakota, property is inherited as follows in the absence of a will:



If you are married:


  • If you have no children, your spouse will inherit all of your property.

  • If all of your children are also the children of your current spouse, then your spouse will inherit all of your property.

  • If you and your spouse have children and your spouse has children from a previous relationship, your spouse will inherit the first $225,000 of your intestate property, plus 1/2 of the remaining property and your children will inherit everything else.

  • If you have children from a previous relationship, your spouse will inherit the first $150,000 of your intestate property and 1/2 of the remaining property and your children will inherit everything else.

  • If you have living parents, your spouse will inherit the first $300,000 of your intestate property and 3/4 of the remaining property and your parents will inherit everything else



If you are not married (this includes being widowed or divorced):


  • Your children will inherit all of your property equally. If any child has died before you, his share will go to his children. If he has no children, it will go to your surviving children. If a child of a deceased child is also deceased but has left a child of his own (your great-grandchild), that great-grandchild will get its parent's share of your estate, and so on.

  • If you have no children, your father will inherit half of your property, and your mother will inherit the other half. If either parent is deceased, your siblings will inherit that parent's share. If a sibling is deceased but has left a child (your niece or nephew), that child will inherit its parent's share, and so on. If a sibling is deceased and has left no children, the surviving siblings will take that sibling's share. If neither of your parents nor any of their descendants survive you, your grandparents will inherit your estate equally. If either grandparent has died before you, their descendants (your aunts, uncles, and cousins) will inherit your estate.




Chad Anderson Law Firm is focused on providing prompt and efficient legal services clients across the state of North Dakota. The primary focus of the practice will be in Bankruptcy, Debtor/Creditor Law, Estate Planning, and Probate Law.

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