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Intestate Succession Laws in North Dakota

In North Dakota, a surviving spouse inherits the entire estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants. With no children but a living parent, the spouse takes the first $300,000 plus three-fourths of the balance. North Dakota is not a community property state.

Last checked . General information, not legal advice.

North Dakota at a glance

Spouse share with shared children
Entire estate
The spouse takes the first $225,000 plus half of the rest if the spouse also has children from another relationship.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
First $300,000 plus 3/4 of the balance
The remaining share passes to the deceased's parents.
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in North Dakota

How much does a surviving spouse inherit in North Dakota when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in North Dakota: Entire estate. The spouse takes the first $225,000 plus half of the rest if the spouse also has children from another relationship.

Does a surviving spouse in North Dakota inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in North Dakota: yes.

How much does a surviving spouse inherit in North Dakota when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in North Dakota: First $300,000 plus 3/4 of the balance. The remaining share passes to the deceased's parents.

Is North Dakota a community property state?

No. Community property state in North Dakota: no. Not listed by the IRS among the community property states.

Where do the North Dakota intestate succession laws come from?

The rules above come from N.D. Cent. Code 30.1-04-02. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.