North Dakota Probate Cost: One Flat $160 Court Fee in All 53 Counties
Settled Estate lists court filing fees and timelines for 6 North Dakota probate procedures. The cheapest published route starts at $160 for open formal or informal probate. Last verified September 2026.
North Dakota prices probate with a single statewide filing fee that does not move with the size of the estate. It doubled on July 1, 2025, so any figure older than that understates the bill.
Opening a formal or informal North Dakota estate costs $160. That is the clerk of district court's fee under N.D.C.C. § 27-05.2-03(1)(a) "For filing a case for decision", raised from $80 by 2025 Senate Bill 2057 for filings on or after July 1, 2025. The fee follows the filing date, not the date of death, so an estate opened now pays $160 even for an older death. The statute does not name probate, and the court system's own fee schedule could not be read for this page, so confirm the charge with the clerk before filing.
The fee is the same whatever the estate is worth. North Dakota has no probate tax, no value-based fee, no inheritance tax, and no estate tax for deaths after 2004, so an $80,000 estate and a $3,000,000 estate pay the same $160 to open. The § 30.1-23-01 small estate affidavit carries no court fee, because it is presented to the holder of the property and never filed.
North Dakota sets no percentage for the personal representative or the attorney. N.D.C.C. § 30.1-18-19 entitles a personal representative to reasonable compensation, and § 30.1-18-21 lets the court review the pay of the personal representative and of any agent, including an attorney, and order a refund of anything excessive. If an attorney's fee is based on the value of the estate, the fee agreement must be in writing and mailed to the heirs. No executor or attorney figure is estimated here.
Quick Summary
- Open formal or informal probate
- $160Flat in all 53 counties since July 1, 2025 (N.D.C.C. § 27-05.2-03(1)(a))
- Small estate affidavit
- $0Never filed. Estate of $100,000 or less, net of liens (N.D.C.C. § 30.1-23-01)
- Record a short deed
- $20County recorder, 1 to 6 pages (N.D.C.C. § 11-18-05(1)(a))
- Executor and attorney pay
- No scheduleReasonable compensation under court review (N.D.C.C. §§ 30.1-18-19 and 30.1-18-21)
There is no cheaper North Dakota county. The filing fee is set by state statute for the whole state, every county hears probate in the district court, and counties impose no local probate tax. County recorder fees are also statewide under N.D.C.C. § 11-18-05. The one genuinely local cost is the newspaper that prints a notice to creditors, if the personal representative chooses to publish.
Typical Total Cost Ranges
Estimate your county’s exact feesProbate Cost by Procedure
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Informal Probate and Appointment | Any estate. The fee does not depend on value | $160 under N.D.C.C. § 27-05.2-03(1)(a), for filings on or after July 1, 2025 | Commonly 6 to 12 months; closing waits 3 months after any published and mailed notice to creditors | No. Not required for informal probate (§ 30.1-14-01.1) | An uncontested estate that needs letters, or one with land to transfer |
| Formal Testacy and Appointment | Any estate | $160, the same as informal probate | Commonly 9 to 18 months for a contested matter | No statutory requirement, and rare without one | A disputed will, uncertain heirs, or a family that wants a court order |
| Summary Administration | No dollar figure. The estate, net of liens, fits within the homestead, $15,000 of exempt property, the family allowance and final costs (§ 30.1-23-03) | $160 to open, because it needs an appointed personal representative | Commonly 2 to 6 months; no notice to creditors | No statutory requirement | A modest estate the family allowance and final bills would use up anyway |
| Small Estate Affidavit (Personal Property) | Entire estate, wherever located, net of liens and encumbrances, of $100,000 or less for deaths on or after August 1, 2025 (N.D.C.C. § 30.1-23-01) | $0. It is presented to the holder of the property and never filed | Usable 30 days after the death | No | Accounts, vehicles and belongings with no land to transfer |
| Answer in an Open Case | Any estate already open | $100 under § 27-05.2-03(1)(c); confirm with the clerk whether an objection in an estate is charged as an answer | On filing | No statutory requirement | A party answering in an open case |
| Other Filing That Is Not a Case for Decision | Any estate | $20 under § 27-05.2-03(1)(f) | On filing | No statutory requirement | A matter filed with the clerk that is not a case for decision; confirm with the clerk which estate papers it covers |
Additional Costs to Expect
Opening a North Dakota Estate
The $160 is the clerk of district court's fee under N.D.C.C. § 27-05.2-03(1)(a) "For filing a case for decision", paid when the estate is opened, formal or informal, in every county. $30 of it goes to the civil legal services fund and $130 to the state general fund. It was $80 for filings before July 1, 2025. A petition for subsequent administration pays the same fee (§ 30.1-21-08).
Personal Representative Compensation
N.D.C.C. § 30.1-18-19 entitles a personal representative to reasonable compensation for services. A fee provision in the will governs unless the personal representative renounces it before qualifying, and all or part of any fee may be renounced in writing. After notice or on petition the court may review whether the pay was reasonable and order a refund of anything excessive (§ 30.1-18-21).
Attorney Fees, Under Court Review
Attorneys and other agents of the estate are paid what is reasonable, and the court may review their employment and pay under N.D.C.C. § 30.1-18-21. If an attorney's fee is based on the value of the estate, the fee agreement must be in writing and mailed to the heirs under the will, or notice given to all heirs in an intestate estate. If no closing statement is filed within 3 years of the death, a show-cause report must account for every fee paid to the personal representative and the attorney (§ 30.1-21-03.1). Ask for a written fee agreement.
Certified Death Certificates
N.D.C.C. § 23-02.1-29(1) caps a certified copy at $15 and each additional death-record copy requested at the same time at $10, and the Department of Health and Human Services charges exactly those amounts. It does not issue uncertified copies.
Recording With the County Recorder
N.D.C.C. § 11-18-05(1)(a) sets the fee for recording a deed of distribution, a transfer on death deed, a certified death certificate ending a joint tenancy, or any other instrument affecting title to land. Add $1 for each section of land listed beyond ten and $10 for an instrument without the required one-inch margin.
Court Copies
N.D.C.C. § 27-05.2-03(1)(g) sets $20, or a lower fee set by the state court administrator, for preparing, certifying, issuing or transmitting any document, such as certified letters a bank asks for. The administrator's current figure could not be confirmed.
Publishing a Notice to Creditors
Under N.D.C.C. § 30.1-19-01 the personal representative may publish a notice to creditors once a week for 3 successive weeks in a newspaper of general circulation in the county, and must then also mail it to known creditors. Creditors then have 3 months from the first publication and mailing. Without it, claims that arose before the death stay open until 3 years after the death (§ 30.1-19-03). The newspaper sets the charge, and no total is estimated here.
The Personal Representative's Bond
Bond is not required of a personal representative appointed in informal proceedings unless a special administrator is appointed, the will expressly requires bond, or a person with an interest worth more than $1,000, or a creditor with a claim over $1,000, files a written demand (N.D.C.C. §§ 30.1-17-03 and 30.1-17-05). The premium is an estate expense only when bond is actually required.
The Small Estate Affidavit
The § 30.1-23-01 affidavit is not filed with a court. It is presented to the holder after 30 days, and a notary may charge to witness the signature. Retitling a vehicle adds a $5 Department of Transportation title fee, plus a branch fee at a branch site. Real estate counts toward the $100,000 but cannot pass by the affidavit, so budget for another route if there is land.
Taxes
North Dakota has had no inheritance tax since 1927 and has no gift tax. Its estate tax statute is still in the code, but N.D.C.C. § 57-37.1-04 sets it equal to a federal credit that no longer exists, so no North Dakota estate tax is paid for deaths after 2004. The Tax Commissioner still asks for Form 54-91 from an estate that must file federal Form 706. A federal estate tax return may be due for a large estate.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The North Dakota Medicaid estate recovery guide explains when that applies.