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North Dakota Probate and Estate Forms

North Dakota probate is filed with the clerk of district court in the county where the decedent lived, and the forum is the same in all 53 counties. The court must give an applicant the forms for informal probate and appointment, prepared by the state court administrator and provided at cost, and no attorney is required for that procedure. The collection affidavit is published as a Department of Transportation form, and death certificates and estate tax have their own agency forms. Formal or contested proceedings use pleadings whose contents the North Dakota Uniform Probate Code prescribes, usually drafted by an attorney.

North Dakota Probate Forms by Situation

Start with the clerk of district court in the county where the decedent lived; the North Dakota Association of Counties directory lists each county's clerk and recorder. For the collection affidavit, search the Department of Transportation forms list for SFN 2916. For death certificates by mail, use Health and Human Services form SFN 5531. Estate tax forms are on the Tax Commissioner's Estate Tax page.

Find Forms By Your Situation

Recommended procedure:

Collection of personal property by affidavit under N.D.C.C. 30.1-23-01. No court filing and no court fee.

Wait 30 days after the death, sign before a notary, and give a copy to each holder with a death certificate. Real estate counts toward the $100,000 but cannot be collected this way. For a death before August 1, 2025 the figure was $50,000.

Forms you'll need:

SFN 2916

Affidavit for Collection of Personal Property of the Decedent - NDCC 30.1-23-01

North Dakota Department of Transportation, Motor Vehicle: SFN 2916 (4-2026) on the NDDOT forms list, dot.nd.gov/forms/sfn2916.pdf

Open the official forms page to download these

Official Resources

Start with the clerk of district court in the county where the decedent lived; the North Dakota Association of Counties directory lists each county's clerk and recorder. For the collection affidavit, search the Department of Transportation forms list for SFN 2916. For death certificates by mail, use Health and Human Services form SFN 5531. Estate tax forms are on the Tax Commissioner's Estate Tax page.

N.D.C.C. § 30.1-14-01.1: Duty of court to provide forms to an applicant (informal probate and appointment forms, provided by the court at cost)

The statute that makes the court provide the forms and explanatory materials for informal probate and appointment, prepared by the state court administrator and provided at cost, and that says an attorney is not required. Ask the clerk of district court for them.

North Dakota Association of Counties: County Officials Directory (clerk of district court and recorder by county)

Pick the county to find its Clerk of District Court and Recorder with address, phone and email. NDACo is an association of the counties, not the court; confirm hours with the office.

North Dakota Department of Transportation: Forms

The Motor Vehicle rows include SFN 2916 (Affidavit for Collection of Personal Property of the Decedent, NDCC 30.1-23-01) and SFN 2872 (Application for Certificate of Title & Registration of a Vehicle).

North Dakota Health and Human Services: Certified Copies of Death By Mail

Links SFN 5531, the request form for a certified copy of a death record, with the ID rules and mailing address.

Office of State Tax Commissioner: Estate Tax

Form 54-91 (North Dakota Estate Tax Return) and its attachments, for an estate that must file a federal estate tax return.

Office of State Tax Commissioner: Fiduciary Tax

Form 38, the fiduciary income tax return for an estate that must file federal Form 1041.

North Dakota Century Code, Title 30.1 (Uniform Probate Code)

The chapter list for the statutes that prescribe what an application, petition, inventory, notice and closing statement must contain.

N.D.C.C. § 27-05.2-03: Fees to be charged by the clerk of the district court

The statute that sets the $160 fee for filing a case for decision (subdivision 1(a), since July 1, 2025) and the certified-copy charge set by the state court administrator.

Important Notes

  • -North Dakota probate is filed with the CLERK OF DISTRICT COURT of the county where the decedent was domiciled (N.D.C.C. 30.1-13-01). There is no separate probate court and no registrar; the district court has jurisdiction (30.1-02-02), and in an uncontested informal case the clerk may sign the documents (30.1-02-06).
  • -The filing fee in the statute for filing a case for decision is $160 since July 1, 2025 (27-05.2-03(1)(a), 2025 SB 2057; it was $80). The court's fee schedule could not be read, so confirm the amount with the clerk before you file.
  • -The collection affidavit is not filed with a court and needs no court fee.
  • -The court must give an applicant the informal probate and appointment forms, prepared by the state court administrator, at cost, and an attorney is not required for that procedure (30.1-14-01.1). We could not read the court's forms site, so ask the clerk for the current set.
  • -Publishing notice to creditors is optional in North Dakota. Without a published and mailed notice, pre-death claims can be presented for three years after the death.
  • -The inventory is due within six months after appointment or nine months after the death, whichever is later, and the personal representative must send Health and Human Services a copy of the opening papers when letters are granted (50-24.1-07(3)).
  • -North Dakota vehicle titles have no transfer-on-death beneficiary, and the Department of Transportation does not accept a will alone to transfer a deceased owner's vehicle.

Sources: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-01p1 | https://dot.nd.gov/forms/sfn2916.pdf

Not sure which North Dakota forms you need?

Answer a few questions to sort the likely filing path before you pick forms or contact the District Court.

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You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in North Dakota
How to Use North Dakota Probate FormsWhy the filing path comes before the form number

The form finder groups records such as Collecting Personal Property Without Probate, Opening an Informal Probate, Administration and Closing, Real Property That Passed Outside Probate so you can start with the likely procedure rather than one isolated form number.

Use source links such as N.D.C.C. § 30.1-14-01.1: Duty of court to provide forms to an applicant (informal probate and appointment forms, provided by the court at cost), North Dakota Association of Counties: County Officials Directory (clerk of district court and recorder by county), North Dakota Department of Transportation: Forms to locate official forms and verify which documents belong in the packet.

North Dakota Form Prep ChecksCounty packet rules and the records to gather before filing

Choose the filing path

Common filing paths in this data include Collection of personal property by affidavit under N.D.C.C. 30.1-23-01. No court filing and no court fee., A surviving joint owner with right of survivorship retitles with a copy of the death certificate. Otherwise an heir uses SFN 2916 if the estate is within the affidavit limit, or the personal representative uses letters or a court order., Informal appointment, then summary distribution without notice to creditors and closing by sworn statement under N.D.C.C. 30.1-23-03 and 30.1-23-04., Informal probate or appointment in the district court, information to heirs within 30 days, optional publication of notice to creditors, the inventory, and closing by sworn statement under N.D.C.C. 30.1-21-03.. Match the estate facts to the correct path before preparing forms.

Verify the county packet

Check the county District Court or local filing-office instructions for coversheets, copy rules, appointments, fees, and filing methods.

Pull supporting records first

Collect the original will if one exists, certified death certificates, asset values, deed or title records, heir and beneficiary details, and creditor information before filling out the packet.

Frequently Asked Questions

Where can I get North Dakota probate forms?
Start with N.D.C.C. § 30.1-14-01.1: Duty of court to provide forms to an applicant (informal probate and appointment forms, provided by the court at cost), North Dakota Association of Counties: County Officials Directory (clerk of district court and recorder by county), North Dakota Department of Transportation: Forms. Then verify local county instructions before you file, because packet rules, copy requirements, fees, and filing methods can vary.
How do I know which North Dakota probate form I need?
Start with the filing path, not the form number. The right packet depends on will status, asset type and value, creditor issues, heirs or beneficiaries, and whether a simplified procedure fits.
Can I file North Dakota probate forms without an attorney?
Some paths may allow self-filing, but this state data includes categories or situations where attorney help may be required or strongly expected. Verify the county rules and get legal help when rights, disputes, real estate, creditors, or tax facts are unclear.
What should I gather before filling out North Dakota probate forms?
Gather the original will if one exists, certified death certificates, asset and debt lists, deed or title records, beneficiary records, and names and addresses for heirs or beneficiaries.
North Dakota Official Forms and SourcesOfficial references used for this page

Information current as of October 4, 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.

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