What Drives Probate Cost in North Dakota
Court filing fees are the visible starting point, but many estates also pay for certified copies, notice or publication, property recordings, appraisals, and legal help.
North Dakota probate filing fees do not vary by county. N.D.C.C. § 27-05.2-03 sets the clerk of district court fees for the whole state, so opening an estate costs $160 in all 53 counties for filings on or after July 1, 2025. Every estate is filed with the clerk of district court in the county where the decedent lived. The one cost that does vary is the newspaper charge for an optional notice to creditors.
Cost componentsFiling fees, add-on charges, and attorney work compared
Court Filing Fees
The court procedure chosen is often the biggest first driver of cost. Simplified procedures usually cost less than full administration.
Additional Charges
Certified copies, publication or notice costs, appraisals, and document recordings can materially change the final number.
Attorney Work
Legal fees depend on the estate's issues. A modest estate with title or creditor problems can cost more than a larger estate with clean paperwork.
How to Use the EstimateWhat the number means and which check to run next
Use the result to set expectations, not to lock in a final fee quote. If the number looks high, the next question is whether all of the property really needs probate or whether some assets already transfer outside court.
From here, compare the estate structure with the estate value calculator, review transfer structure with the beneficiary checker, and use the North Dakota courts page if you need the next local filing contact.
If the attorney-fee line above is the one you want help with, the North Dakota attorney listings name each firm and its own phone and site, so you can compare quotes yourself.
Frequently Asked Questions
What are North Dakota probate costs and filing fees?
Do I need an attorney for North Dakota probate?
How long does North Dakota probate take?
Official Sources and Further ReadingOfficial references used for this page
- N.D.C.C. § 27-05.2-03 ("Fees to be charged by the clerk of the district court."), the statewide fee schedule: $160 "for filing a case for decision" in subdivision (1)(a) since July 1, 2025 (it was $80), $100 for an answer (1)(c), $20 for any other filing (1)(f), and up to $20 for preparing or certifying a document (1)(g).
- 2025 Senate Bill 2057 (S.L. ch. 297), enrolled text, the act that raised the (1)(a) filing fee from $80 to $160, effective July 1, 2025.
- N.D.C.C. § 30.1-23-01 ("Collection of personal property by affidavit."), the no-court route 30 days after the death when the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000 ($50,000 for deaths before August 1, 2025). It moves personal property only.
- N.D.C.C. § 30.1-23-03 ("Small estates - Summary administrative procedure."), the summary route with no dollar figure, measured against the homestead, exempt property, the family allowance and the administration, funeral and last-illness costs.
- N.D.C.C. § 30.1-19-01 ("Notice to creditors."), the optional newspaper notice, once a week for 3 successive weeks, with a 3-month claim period.
- N.D.C.C. § 30.1-18-19 ("Compensation of personal representative."), reasonable compensation with no percentage schedule, which is why this page estimates no personal representative or attorney fee.
- N.D.C.C. § 11-18-05 ("Fees of recorder."), the county recorder charge of $20 to record a deed or other instrument of 1 to 6 pages.
- IRS Publication 559 for survivors, executors, and administrators
- CFPB guide to managing someone else’s money
Information current as of May 31, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in North Dakota can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.