Estate Law · North Dakota
North Dakota estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for North Dakota residents.
- North Dakota intestacy gives the spouse the entire estate when descendants are mutualND intestacy: spouse takes entire estate with mutual descendants; with prior-relationship descendants, $150,000 plus half. UPC framework.
- North Dakota recognizes attested wills, holographic wills, and harmless-error willsND recognizes attested wills, holographic wills, and harmless-error wills. Flexible UPC framework with multiple pathways.
- North Dakota collection by affidavit handles personal property up to $50,000ND collection by affidavit allows personal property collection up to $50,000 without probate. 30-day waiting period.
- North Dakota's Uniform Power of Attorney Act provides default-durable POAsND POAs are durable by default under the Uniform Power of Attorney Act (2015). Hot powers require express enumeration. Healthcare directive separate.
- North Dakota constitutional homestead protects 160 acres rural or 2 acres urbanND constitutional homestead protects 160 acres rural or 2 acres urban with $100,000 value cap. Continues to surviving spouse and minor children.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed North Dakota attorney.