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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 fees
Small estate affidavit: $40,000 of accounts and a paid-off car, no land
$0 in court fees. Budget for a notary, a $15 certified death certificate plus $10 for each extra copy, and a $5 vehicle title fee, and wait 30 days after the death
House in a transfer on death deed, rest of the estate under $100,000
$0 in court fees if the rest of the estate qualifies for the affidavit, because land in a recorded transfer on death deed passes outside probate and is not counted
Informal probate, $250,000 estate with a house
$160 to open, plus $20 to record a short deed of distribution, death certificates at $15 and $10, and any newspaper notice to creditors
Summary administration, modest estate within the homestead and allowances
$160 to open, plus death certificates and recording; no notice to creditors is needed
Formal probate with a will contest
$160 to open, plus $100 for each answer the clerk charges as one. The larger costs are attorney fees, which North Dakota does not schedule

Probate Cost by Procedure

Swipe sideways to see the full table.

ProcedureEstate SizeCourt FeeTimelineAttorney?Best For
Informal Probate and AppointmentAny 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, 2025Commonly 6 to 12 months; closing waits 3 months after any published and mailed notice to creditorsNo. 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 AppointmentAny estate$160, the same as informal probateCommonly 9 to 18 months for a contested matterNo statutory requirement, and rare without oneA disputed will, uncertain heirs, or a family that wants a court order
Summary AdministrationNo 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 representativeCommonly 2 to 6 months; no notice to creditorsNo statutory requirementA 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 filedUsable 30 days after the deathNoAccounts, vehicles and belongings with no land to transfer
Answer in an Open CaseAny 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 answerOn filingNo statutory requirementA party answering in an open case
Other Filing That Is Not a Case for DecisionAny estate$20 under § 27-05.2-03(1)(f)On filingNo statutory requirementA 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).

$160 for formal or informal probate

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).

Reasonable compensation, with no North Dakota percentage and no dollar figure estimated here

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.

Reasonable compensation, with no North Dakota percentage and no dollar figure estimated here

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.

$15 for the first certified copy; $10 for each additional copy ordered at the same time

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.

$20 for a document of 1 to 6 pages; $65 for more than 6 pages, plus $3 for each page after the first 25

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.

Up to $20 per document

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.

Varies with the paper and the length of the notice, and optional

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.

Set by the surety, and usually not 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.

$0 in court fees

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.

No North Dakota estate, inheritance or probate tax due

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.

Frequently Asked Questions

How much does probate cost in North Dakota?
$160 in court fees to open a formal or informal estate in any North Dakota county, the fee in N.D.C.C. § 27-05.2-03(1)(a) since July 1, 2025. The small estate affidavit carries no court fee. On top of that, budget for certified death certificates at $15 for the first copy and $10 for each additional copy, $20 to record a short deed, any newspaper notice to creditors, any bond premium, and professional fees.
Why do some sources say the North Dakota probate fee is $80?
Because $80 was the fee before July 1, 2025. 2025 Senate Bill 2057 raised the § 27-05.2-03(1)(a) fee for filing a case for decision from $80 to $160. The fee follows the filing date, not the date of death, so an estate opened now pays $160 even when the death was earlier.
Does the North Dakota probate fee depend on the size of the estate?
No. North Dakota has no value-based probate fee and no probate tax. A small estate and a multimillion-dollar estate both pay $160 to open. What changes with size is the route: an estate of $100,000 or less, net of liens, may use the free small estate affidavit for its personal property, and a modest estate may qualify for summary administration under § 30.1-23-03.
What does a North Dakota executor get paid?
Reasonable compensation, not a percentage. N.D.C.C. § 30.1-18-19 entitles a personal representative to reasonable compensation for services and sets no rate or schedule. If the will sets the fee and there is no contract with the decedent about it, the personal representative may renounce that provision before qualifying and take reasonable compensation instead. The court may review the amount and order a refund of anything excessive (§ 30.1-18-21).
Does North Dakota set attorney fees for probate?
No. Attorneys are paid what is reasonable, and the court may review an attorney's employment and pay under N.D.C.C. § 30.1-18-21. If the fee is based on the value of the estate, the agreement must be in writing and mailed to the heirs under the will, or notice given to all heirs in an intestate estate. Ask for a written fee agreement either way.
Is publishing a notice to creditors required in North Dakota?
No, it is optional, and the cost depends on the newspaper and the length of the notice. N.D.C.C. § 30.1-19-01 lets the personal representative publish once a week for 3 successive weeks and mail the notice to known creditors, which gives creditors 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).

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Source Notes
Statute / Authority
N.D.C.C. § 27-05.2-03 (clerk of district court fees), § 30.1-21-08 (subsequent administration fee), § 11-18-05 (county recorder fees), § 23-02.1-29 (vital records fees), § 30.1-19-01 (notice to creditors), § 30.1-19-03 (limitations on claims), §§ 30.1-17-03 and 30.1-17-05 (bond), §§ 30.1-18-19 and 30.1-18-21 (compensation and review), § 30.1-21-03.1 (estate open three years), §§ 30.1-23-01 and 30.1-23-03 (small estates), and §§ 57-37.1-04 and 57-37.1-21 (estate tax computation and return).
Fee Source
Court fees are read from N.D.C.C. § 27-05.2-03 at the North Dakota Legislative Council on September 28, 2026, with the enrolled 2025 Senate Bill 2057 (S.L. ch. 297) and the Legislative Council's list of 2025 effective dates, which prints July 1, 2025. The court system's own fee schedule on ndcourts.gov could not be read for this page, so the statute is the schedule of record here. Recording fees are from N.D.C.C. § 11-18-05 and death certificate fees from § 23-02.1-29(1) and the Department of Health and Human Services fee page.
Last Verified
September 2026
Threshold Effective Date
No North Dakota court fee is indexed or keyed to the date of death, so an estate pays the fee in force when it files: $160 for filings on or after July 1, 2025, $80 before. The small estate affidavit figure is keyed to the date of death instead: $100,000 for deaths on or after August 1, 2025, and $50,000 before. The Legislative Assembly meets in odd years, so the next change to any of these figures could come from the 2027 session.
Notes
Four costs are left unpriced rather than estimated. The newspaper charge for an optional notice to creditors depends on the paper and the length of the notice. The bond premium is set by the surety, and bond is usually not required. Personal representative and attorney fees are reasonable compensation with no North Dakota percentage. And certified copies of court documents cost up to $20 each under § 27-05.2-03(1)(g), or a lower amount the state court administrator sets, which could not be confirmed.
SourcesOfficial references used for this page

Information current as of September 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.