Intestate Succession in Probate

What is Intestate Succession?

According to the North Dakota Statutes, Intestate Succession is the legal process that occurs when a deceased person's estate has not been prepared for transition through an instrument such as a will, so succession of heirs is determined by state law.

The decedent's entire estate will go to their spouse if the decedent has no parents or children that outlive them, or if their current spouse shares their same children. If the decedent has living parents alongside their living spouse and no surviving children, the spouse would inherit $300,000 plus three-quarters of the remaining estate balance. If the surviving spouse has additional children outside of the decedent, they will inherit $225,000 plus one half of the remaining estate balance. If the decedent had additional children outside of their current spouse, the surviving spouse would inherit $150,000 plus one half of the remaining estate.

If there are no surviving parents, spouse, or children, the estate would go to a living grandparent.

How Can You Avoid Intestate Succession?

At Maverick Law Group, we want to make sure our clients make smooth transitions with their estate transfers. Creating an estate plan can help avoid intestate succession and provide peace of mind that your estate will be passed on to the people you choose. This might consist of:

• Trusts that hold your assets and transfer them to your beneficiaries easily.
• A Will that lays out exactly how you'd like your estate to pass to your loved ones.
• Updated beneficiaries on all of your financial accounts and assets.

To learn more about intestate succession and start your estate planning, contact us for a consultation.