IN THE BEGINNING: NO ONE HAS A WILL.

A WILL is a legal document that determines who will get your property after you die. A WILL is also be used to protect your children.

When someone dies without a will (the legal term used is “intestate”) their property is given to people according to the law in the state where they lived. The laws are called “intestate statutes.”

In North Dakota the “intestate statue” begins at NDCC 30.1-04-01.

In Minnesota the “intestate statute” begins at M.S. 524.2-102.

Like many statutes and legal rules they are complex and convoluted.

N.D.C.C. § 30.1-04-02. (2-102) Share of spouse. The intestate share of a decedent’s surviving spouse is: 1. The entire intestate estate if: a. No descendant or parent of the decedent survives the decedent; or b. All of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. 2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. 3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent. 4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse. 30.1-04-03. (2-103) Share of heirs other than surviving spouse. Any part of the intestate estate not passing to a decedent’s surviving spouse under section 30.1-04-02, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: 1. To the decedent’s descendants by representation. 2. If there is no surviving descendant, to the decedent’s parents equally if both survive, or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation. 4. If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: a. Half to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation; and b. Half to the decedent’s maternal grandparents equally if both survive, or to the surviving maternal grandparent, or to the descendants of the decedent’s maternal grandparents or either of them if both are deceased, the descendants taking by representation. 5. If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent’s relatives on the side with one or more surviving members in the manner as described in subsection 4. 6. If there is no surviving spouse, descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, but the intestate decedent has one deceased spouse who has one or more descendants who survive the decedent, to those descendants by representation or has more than one deceased spouse who has one or more descendants who survive the decedent, the estate is divided into as many equal shares as there are deceased spouses, each share passing to those descendants by representation. 30.1-04-03.1. (2-113) Individuals related to decedent through two lines. An individual who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship that would entitle the individual to the larger share. 30.1-04-04. (2-104) Requirement that heir survive decedent for one hundred twenty hours – Individual in gestation. 1. For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection 2: a. An individual who was born before a decedent’s death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual who was born before the decedent’s death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period. b. An individual who was in gestation at a decedent’s death is deemed to be living at the decedent’s death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual who was in gestation at the decedent’s death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. 2. This section does not apply if it would result in a taking of the intestate estate by the state under section 30.1-04-05. 30.1-04-05. (2-105) No taker. If there is no taker under the provisions of this title, the intestate estate passes to the state for the support of the common schools and an action for the recovery of such property and to reduce it into the possession of the state or for its sale and conveyance may be brought by the attorney general or by the state’s attorney in the district court of the county in which the property is situated. 30.1-04-06. (2-106) Representation. Repealed by S.L. 1995, ch. 322, § 26. 30.1-04-07. (2-107) Kindred of half blood. Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. (It goes on for a few more pages but you get the idea.)

524.2-102 SHARE OF THE SPOUSE. The intestate share of a decedent’s surviving spouse is: (1) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent’s surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, or if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse. 524.2-103 SHARE OF HEIRS OTHER THAN SURVIVING SPOUSE. Any part of the intestate estate not passing to the decedent’s surviving spouse under section 524.2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent’s descendants by representation; (2) if there is no surviving descendant, to the decedent’s parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation; (4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent’s paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent’s maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent’s relatives on the other side in the same manner as the half; (5) if there is no surviving descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, to the next of kin in equal degree, except that when there are two or more collateral kindred in equal degree claiming through different ancestors, those who claim through the nearest ancestor shall take to the exclusion of those claiming through an ancestor more remote.

You Need a WILL If:

You are married

You have a blended family

Not married, living with significant other

You have Children. Your spouse has children that are not your children. Your significant other has children. Your children live with someone else.

You own land, buildings or mineral rights (real property).

If you have special things, heirlooms or collectibles that you want a specific person to have after you die.

If you have accumulated a significant amount of wealth and you do not want it to be divided in equal shares.

If you do not have close family that you want to have your things.

If if you want to leave anything to a close friend or charity.