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What happens if your loved one dies without a will?

On Behalf of | Jan 15, 2025 | Estate Administration

Many people put off estate planning, thinking it’s a concern for the future. But life can be unpredictable, and families might find themselves facing complicated legal issues when least expected.

In North Dakota, if someone passes away without a will, their estate falls under intestate succession laws. These laws decide how to divide assets, which might not match what the deceased person wanted. Knowing what happens without a will can help you plan better for your own future.

Intestate succession in North Dakota

When someone dies without a valid will, the law steps in to distribute their assets. North Dakota has specific rules for this:

  • Spouse: Gets everything if no living parents or children remain
  • Children: Divide the estate equally if no spouse survives
  • Parents: Receive all assets if no spouse or children are alive
  • Siblings: Split the estate if no spouse, children, or parents survive

This fixed system might not reflect your loved one’s true wishes or your family’s unique situation. It can cause problems, especially for blended families or non-traditional relationships.

The downsides of probate

Probate becomes necessary when someone dies without a will. This legal process can bring several challenges:

  • Long waits: Probate often drags on for months or even years
  • High costs: Fees for courts, lawyers, and executors can eat into the estate’s value
  • No privacy: Probate makes family matters public record
  • Less control: The court picks who manages the estate, not your loved one
  • Family fights: Arguments about who gets what can damage relationships

You can avoid these issues by planning your estate carefully.

Creating a solid estate plan can spare your family from unnecessary stress and legal hassles. Working with an estate planning lawyer helps protect your assets and clearly state how you want them distributed after you’re gone.