North Dakota Probate Court

Probate is the judicial process of settling a deceased person’s estate. It typically includes validating their will, settling debts, and distributing property to heirs. Although the process is common to all states, each jurisdiction applies different rules. The Uniform Probate Code governs probate in North Dakota, allowing for more straightforward and adaptable processes than in other states. To avoid drawn-out hearings, small estates might be eligible for affidavit transfers.

How the Probate Process Works in North Dakota

Probate begins when a petition is filed in the District Court of the county where the decedent lived. If there is a will, the executor (personal representative) is chosen by the court after it has been verified. However, when there is none, the court designates an administrator to manage the estate. Duties include notifying heirs and creditors, preparing an inventory of assets, paying debts and taxes, and distributing the remainder of the estate.

North Dakota offers both formal probate, which is necessary when disagreements emerge, and informal probate, which can be used in uncontested cases with less judicial supervision. While formal proceedings may take longer depending on litigation, informal probate can be concluded in six months to a year.

What Are the Costs of Probate in North Dakota?

The usual range of court filing fees is $75 to $125. Executors are entitled to fair recompense that must be approved by the court. You will also need to pay for an attorney, either on an hourly or fixed-fee basis. Additional expenses may include publication of creditor notices, appraisals, and certified copies of documents. Small estate procedures substantially reduce overall costs.

Types of Probate Cases in North Dakota

North Dakota recognizes several forms of probate administration, including:

• Testate Probate: When the decedent left a valid will.
• Intestate Probate: When no will exists, assets are distributed under North Dakota intestacy laws.
• Informal Probate: For uncontested estates with straightforward administration.
• Formal Probate: Required when there are disputes about the will or heirs.
• Small Estate Affidavit: If an estate’s value is under $50,000, heirs may collect assets without going through full probate.

North Dakota Probate Court Forms and Filing Instructions

District court clerks' offices and the North Dakota Courts website both provide probate forms. You may find standard format forms for informal probate, formal probate petitions, inventories, and accounting using these. Before filing, you should speak with the county clerk, since local procedures may differ from county to county.

How North Dakota Probate Courts Work at the County Level

The District Courts in each of the 53 counties in North Dakota handle probate cases. However, local procedures and filing practices may be slightly different, even though probate is generally regulated by state laws. The ten most populous counties and the courts responsible for their probate functions are listed below:

• Cass County District Court (Fargo) – Cass County handles the largest probate caseload with online access to forms and dockets. The court offers a case search option online.
• Burleigh County District Court (Bismarck) – Burleigh County provides probate guidance through the district court clerk’s office. The court opens at 8:00 a.m. - 5:00 p.m.
• Grand Forks CountyDistrict Court– Grand Forks County handles both informal and contested probate proceedings. It also provides e-filing resources.
• Ward County District Court (Minot) – Ward County offers probate filings accepted at the county courthouse. It also has a case search option on its website.
• Williams County District Court (Williston) – This court manages probate under the Northwest Judicial District. The Court’s regular hours are 8:00 a.m. - 5:00 p.m.
• Stark County District Court (Dickinson) – Probate court services available through the Stark County clerk of the district court. This court provides an e-filing portal
• Morton County District Court (Mandan) – This court offers probate support and access to small estate forms. It is part of the South Central Judicial District
• Stutsman County District Court (Jamestown) – Stutsman County provides standard probate case processing. This court is part of the Southeast Judicial District
• Rolette County District Court (Belcourt) – This court is a part of the Northeast Judicial District. Its probate records are available through the district court clerk.
• Richland County District Court (Wahpeton) – Richland County handles probate under the East Central Judicial District. This court provides e-filing resources to the public.

How to Search Probate Records in North Dakota

Each county's Clerk of the District Court is responsible for keeping probate records. You may find information such as the decedent's name, heirs, case number, estate inventory, and executor or administrator details among the publicly accessible probate records. When confidentiality is necessary, some records might be sealed. Users can search various North Dakota court websites to find probate dockets. Requests for certified copies must be made in person or by mail, typically for a small fee.