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The next of kin heirs that inherit from a decedent's intestate estate in North Dakota depend on the decedent's other survivors. The closest relatives and the surviving spouse inherit from the intestate estate prior to more remote relatives.
Probate Avoidance Joint Tenancy with Right of Survivorship. Adding another person to your assets as a joint owner or "joint tenant with rights of survivorship" will allow your property to pass to them upon your death without going through probate. ... Beneficiary Designations. ... Revocable Living Trust.
Die intestate in North Dakota and your children will inherit part of your estate. However, how much they receive depends on whether you also leave behind a spouse, if those children are with your surviving spouse, and if you have children with someone other than your surviving spouse.
North Dakota has adopted the Uniform Probate Code, which allows a person to informally probate a Will and have a personal representative appointed without the necessity of a court appearance or a court hearing, as long as the proper forms are filed and the correct procedures followed.
North Dakota recognizes handwritten wills (N.D. Cent. Code § 30.1-08-02), but they are usually not a good idea.
If you have a larger estate, you must go through probate, especially if real estate is involved. Other deciding factors for requiring probate include: A poorly written will. Debates over the proper heir.