In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees may establish title to devised property by the probated will. Persons entitled to property by homestead allowance, exemption, or intestacy may establish title thereto by proof of the decedent‘s ownership, the decedent’s death, and their relationship to the decedent. Successors take subject to all charges incident to administration, including the claims of creditors and allowances of surviving spouse and dependent children, and subject to the rights of others resulting from abatement, retainer, advancement, and ademption.

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Terms Used In North Dakota Code 30.1-20-01

  • children: includes children by birth and by adoption. See North Dakota Code 1-01-18
  • Decedent: A deceased person.
  • Dependent: A person dependent for support upon another.
  • Intestate: Dying without leaving a will.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49