What will happen to an estate in probate if family can not afford attorneys?

Once an estate is filed in probate, there is usually a statutory period of time by which it must be settled. Any family member may serve as the executor, with the judge's approval. You don't need an attorney. Given that mineral rights in North Dakota can be really valuable right now, the court will want to get this settled. The heirs of someone who dies intestate (without a will) depend on state statute and are usually in this order: surviving spouse, surviving children, surviving parents, then surviving siblings. However, the way your mother obtained the mineral rights might also impact who inherits them. Contact your state's Bar Association and ask if it can give you the names of attorneys who will help you pro bono or at a reduced fee.