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This is called intestate succession and the heirs of the deceased individual are determined by North Dakota law. In general, informal probate may be used when less than 3 years have passed from the date of death and the validity of the will isn't disputed.
The surviving spouse who is a devisee of the decedent has the highest priority for consideration as the personal representative in informal probate proceedings.
A personal representative is under a duty to settle and distribute the estate of the decedent in ance with the terms of any probated and effective will and this title, and as expeditiously and efficiently as is consistent with the best interests of the estate.
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.
In North Dakota, there is no set minimum estate value for probate.
Even without a statutory guideline on executor fees in North Dakota, the common understanding among legal professionals suggests that an executor can expect to receive about 2-5% of the estate's value. However, this percentage can vary based on the specifics of the estate and the executor's duties.