North Dakota Probate Guide

North Dakota probate is the court process that proves a will, appoints a personal representative (the executor), settles the estate's debts, and passes what is left to the heirs or devisees. The district court of the county hears it. NDCC 30.1-02-02 gives the district court jurisdiction over "all subject matter relating to guardianship, probate, and testamentary matters," starting with estates of decedents, and that holds in all 53 counties.

North Dakota has no separate probate court and no county court. NDCC 27-05-00.1(1) abolished the county courts after the terms of their judges ended on January 1, 1995. The papers go to the clerk of district court in the right county, and you can find the clerk of district court for your county in our directory.

Read this page as a map of the process rather than a filing packet. North Dakota adopted the Uniform Probate Code as Title 30.1 of the North Dakota Century Code, and that code gives an estate a choice of tracks. Here is how they work, then who serves, then the clocks and the cost.

Three Tracks, and the Clerk Can Sign the First One

A Uniform Probate Code state lets an estate choose how much court it wants. North Dakota offers three tracks. They differ in who decides and who gets notice. The personal representative owes the beneficiaries the same duties on every track.

Informal probate, without notice or a hearing

This is the ordinary route for an uncontested estate. NDCC 30.1-01-06(26) defines informal proceedings as "those conducted by the court for probate of a will or appointment of a personal representative without notice to interested persons," and 30.1-01-06(3) defines an application as "a written request to the court for an order of informal probate or appointment."

North Dakota's code has no "registrar." It lets the clerk act instead. Under NDCC 30.1-02-06, the clerk may sign all appropriate documents in uncontested informal probate matters without a written court order, once three things are true:

Venue is proper and the three-year limit has not run (30.1-13-01 and 30.1-12-08).
At least 120 hours have passed since the death.
The person seeking appointment is named in the will, has priority under 30.1-13-03, or is next in line because everyone ahead has renounced.

The court checks a list rather than weighing evidence. For a will, NDCC 30.1-14-03(1) asks whether the application is complete and sworn, whether the applicant is an interested person, whether venue is proper, whether an original, duly executed and apparently unrevoked will is in the court's possession, and whether the time limit has run. NDCC 30.1-14-08(1) runs the same checks for an appointment and adds one: the applicant must have priority.

Two waiting periods apply. NDCC 30.1-14-02 has the court issue a written statement of informal probate only once at least 120 hours have passed since the death. NDCC 30.1-14-07(1) sets the same 120 hours for an informal appointment and, for a nonresident decedent, delays the order until 30 days after the death, unless the applicant is the personal representative appointed at the decedent's domicile or the will directs that North Dakota law govern the estate.

Then comes a deadline on the court. Section 30.1-14-07(1) says the court "must make its order of appointment and issue letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met."

Notice is light. NDCC 30.1-14-06 requires notice of the application only to a person who has filed a demand for notice under NDCC 30.1-13-04 and to any personal representative whose appointment has not been terminated, and it adds that "no other notice of informal probate is required." Anyone with a financial or property interest can file that demand with the court at any time after the death.

An informal appointment is still a full appointment. Section 30.1-14-07(2) says the status, powers and duties of the office are fully established by it, and that it is not subject to retroactive vacation.

You can also do this yourself. NDCC 30.1-14-01.1 makes the court provide the necessary forms to an applicant who asks for help, prepared by the state court administrator and provided at cost, and it says "the assistance of an attorney is not required for informal probate or appointment procedure." See filing North Dakota probate yourself for that path.

Formal testacy, decided by a judge

NDCC 30.1-01-06(21) defines formal proceedings as "proceedings conducted before a judge with notice to interested persons." NDCC 30.1-15-01(1) calls a formal testacy proceeding "litigation to determine whether a decedent left a valid will." An interested person starts one to have a will probated after notice and hearing, to set aside an informal probate or block a pending one, or to get an order that the decedent died intestate. While it is pending, 30.1-15-01(3) bars the court from acting on any informal application for the same decedent. This is the branch for contesting a will in North Dakota.

The notice burden grows with it. Under NDCC 30.1-15-03(1), the court fixes a time and place of hearing, and the petitioner gives notice to the surviving spouse, the children and other heirs, the devisees and executors named in any will, any personal representative still in office, and anyone who filed a demand for notice. The petitioner also publishes notice to unknown persons and to known persons whose addresses are unknown.

Supervised administration, where the court stays involved

NDCC 30.1-16-01 makes supervised administration a single in rem proceeding under the continuing authority of the court, lasting until an order approves distribution and discharges the personal representative. A supervised personal representative answers to the court as well as to the interested parties. Under NDCC 30.1-16-02, any interested person or the personal representative may petition for it at any time, and the court orders it when the will directs it (unless circumstances have changed) or when the court finds it necessary.

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Where You File, and Who Gets Appointed

NDCC 30.1-13-01(1) sets venue for the first proceeding in the county where the decedent was domiciled at death. If the decedent lived outside North Dakota, venue lies in any county where the decedent's property was located at death. Later proceedings stay where the first one started unless the court transfers them. For an out-of-state decedent with North Dakota property, read North Dakota ancillary probate.

Appointment follows a statutory order. NDCC 30.1-13-03(1), last amended by 2019 Senate Bill 2070, ranks people who are not disqualified, in formal and informal cases alike:

The person with priority under a probated will, including someone nominated under a power in the will.
The surviving spouse who is a devisee.
Other devisees.
The surviving spouse.
Other heirs.
The decedent's guardian or conservator at the time of death.
A trust company.
Any creditor, but only 45 days after the death.

North Dakota's list has no public administrator. Under 30.1-13-03(6), a person under 18 cannot serve, and neither can someone the court finds unsuitable in formal proceedings. Who inherits when there is no will is a separate question from who serves, and North Dakota intestate succession answers it.

Bond is required only in listed cases. NDCC 30.1-17-03 requires no bond of an informally appointed personal representative unless the appointment is of a special administrator, the will expressly requires bond, or someone demands it. NDCC 30.1-17-05 lets anyone with an interest worth more than $1,000, or a creditor with a claim over $1,000, file a written demand, and bond is then required.

What the Personal Representative Does First

Once letters issue, the work follows statutory deadlines. NDCC 30.1-18-05 requires the personal representative, within 30 days of appointment, to tell the heirs and devisees about the appointment by delivery or ordinary mail. The notice gives the personal representative's name and address, says whether bond was filed, names the court where the papers are on file, and tells recipients they may petition the court on any matter in the estate.

The inventory clock is longer than most. NDCC 30.1-18-06(1) allows 6 months after appointment or 9 months after the death, whichever is later, to prepare an inventory listing each item's fair market value at the date of death and any encumbrance. The personal representative either files it with the court or mails a copy to every heir or devisee.

One North Dakota filing is easy to miss. NDCC 50-24.1-07(3) says every personal representative, on the grant of letters, "shall forward to the department" of Health and Human Services a copy of the petition or application commencing probate, with a list of the legatees, devisees, surviving joint tenants and heirs. That lets the state present any Medicaid recovery claim.

Pay follows a reasonableness standard. NDCC 30.1-18-19 entitles a personal representative to "reasonable compensation" for services, with no percentage anywhere in the section. The full list of duties is in what the personal representative has to do.

Creditors: Publication Is Optional, and That Changes the Clock

North Dakota lets the personal representative choose. NDCC 30.1-19-01 says a personal representative "may publish a notice to creditors" once a week for three successive weeks in a newspaper of general circulation in the county. If the personal representative publishes, the same section requires mailing a copy to every creditor whose identity is known or reasonably ascertainable, and claims are due within three months after the first publication or mailing.

Skipping the notice has a cost. NDCC 30.1-19-03(1) bars claims that arose before the death if they are not presented within three months after the first publication and mailing, or "within three years after the decedent's death, if notice to creditors has not been published and mailed." So an estate that never publishes stays open to pre-death claims for three years. Section 30.1-19-03(3) leaves mortgage and lien enforcement untouched.

Two Routes That Avoid a Full Administration

North Dakota has two small-estate routes, and only one carries a dollar figure.

The affidavit. NDCC 30.1-23-01(1) requires anyone who owes the decedent money or holds the decedent's tangible personal property, or an instrument such as a stock certificate, to pay or deliver it to a successor who presents an affidavit stating that the entire estate, wherever located, less liens and encumbrances, does not exceed $100,000; that 30 days have passed since the death; that no application or petition for appointment of a personal representative is pending or has been granted anywhere; and that the successor is entitled to the property. 2025 House Bill 1224 raised the figure from $50,000, effective August 1, 2025, so pages still quoting $50,000 are out of date. The measure counts the whole estate, land included, but the affidavit only moves debts, tangible personal property and instruments. It needs no court filing. The guide to the $100,000 small estate affidavit walks through it.

Summary administration. NDCC 30.1-23-03 has no dollar threshold. When the inventory shows that the entire estate, less liens and encumbrances, does not exceed the homestead under 47-18-01 plus exempt property, the family allowance, administration costs, reasonable funeral expenses, and the reasonable medical and hospital expenses of the last illness, the personal representative may distribute at once without notice to creditors and file a closing statement. This route speeds up the closing of an estate that is already open: a personal representative has already been appointed and the filing fee paid.

The Clocks

Task	Deadline	Clock starts at	Source
Informal probate or appointment may issue	120 hours	Date of death	30.1-14-02, 30.1-14-07(1)
Appointment delayed for a nonresident decedent	30 days	Date of death	30.1-14-07(1)
Court issues letters	10 working days	All informal requirements met	30.1-14-07(1)
Small estate affidavit may be presented	30 days	Date of death	30.1-23-01(1)(b)
Heirs and devisees told of the appointment	30 days	Appointment	30.1-18-05
Any creditor may seek appointment	45 days	Date of death	30.1-13-03(1)(h)
Claims barred after published and mailed notice	3 months	First publication or mailing	30.1-19-01, 30.1-19-03(1)(a)
Claims barred when no notice is given	3 years	Date of death	30.1-19-03(1)(b)
Inventory prepared	The later of 6 months and 9 months	Appointment, and the death	30.1-18-06(1)
Earliest closing statement, if notice was published	3 months	First publication and mailing	30.1-21-03(1)
Show-cause order if the estate is still open	3 years	Date of death	30.1-21-03.1(1)
Contest of an informally probated will	The later of 12 months and 3 years	The informal probate, and the death	30.1-12-08(3)
Outer limit to open probate	3 years	Date of death	30.1-12-08

For duration rather than deadlines, see how long North Dakota probate takes.

The Three-Year Limit to Start

NDCC 30.1-12-08 says no informal probate or appointment, and no formal testacy or appointment proceeding, may start more than three years after the death, apart from listed exceptions. The one families meet most is subsection 4. If nothing was filed in those three years, an informal appointment or formal proceeding may still start, but the personal representative may hold estate assets only as far as needed to confirm title in the successors, and no claim other than administration expenses may be presented. The limits do not apply to proceedings to construe a probated will or to determine the heirs of an intestate.

What the Clerk Charges to Open an Estate

The figure is $160. NDCC 27-05.2-03(1)(a) sets the clerk of district court's fee "for filing a case for decision that is not under subdivision b or e" at $160. 2025 Senate Bill 2057 raised it from $80, effective July 1, 2025. The statute has no separate probate line, and NDCC 30.1-21-08 sends probate filings to 27-05.2-03, so confirm the amount with the clerk when you file.

Charge	Amount	Source
Filing a case for decision	$160	27-05.2-03(1)(a)
Preparing, certifying or issuing a document	$20, or less if the state court administrator sets it	27-05.2-03(1)(g)
Small estate affidavit	No court fee, because it is never filed with a court	30.1-23-01

Closing the Estate

NDCC 30.1-21-03(1) lets a personal representative in an unsupervised estate close by filing a verified statement that the estate has been fully administered and distributed, and that a copy and a full written account went to the distributees and to every creditor whose claim is neither paid nor barred. If notice to creditors was published and mailed, the statement cannot be filed until three months after the first publication and mailing. Under 30.1-21-03(2), the appointment ends if no proceeding involving the personal representative is pending one year after the statement is filed.

North Dakota adds a check of its own, and its clock starts at the death. Under NDCC 30.1-21-03.1, if no closing statement has been filed within three years from the date of death, any devisee, heir, distributee or claimant may ask the court, or the court may act on its own, to order the personal representative and the attorney to show cause at a hearing within 90 days. Within 20 days of the order, they must report a closing timeline, explain the delay, and account for every disbursement, including fees paid to the personal representative and the attorney. The court may award attorney's fees against them and may refer the attorney to the disciplinary board.

Common Questions

Which court handles probate in North Dakota?

The district court of the county, in every one of North Dakota's 53 counties. NDCC 30.1-02-02 gives the district court jurisdiction over all subject matter relating to guardianship, probate and testamentary matters, including estates of decedents. North Dakota has had no county courts since January 1, 1995, when 27-05-00.1 abolished them. Venue for the first proceeding is the county where the decedent was domiciled at death, under 30.1-13-01(1).

Can the clerk approve an informal probate in North Dakota?

Yes, in an uncontested case. NDCC 30.1-02-06 lets the clerk sign all appropriate documents in uncontested informal probate matters without a written court order once at least 120 hours have passed since the death, venue and the three-year limit are satisfied, and the person seeking appointment is named in the will, has priority under 30.1-13-03, or others with priority have renounced. Under 30.1-14-07(1), letters issue within ten working days after all requirements are met.

How much does it cost to open probate in North Dakota?

$160. NDCC 27-05.2-03(1)(a) sets the clerk of district court's fee for filing a case for decision at $160, up from $80 under 2025 Senate Bill 2057, effective July 1, 2025. The statute does not name probate on a separate line, and 30.1-21-08 points probate filings to 27-05.2-03, so ask the clerk to confirm the fee when you file. A small estate affidavit under 30.1-23-01 is never filed with a court and carries no court fee.

Do I need a lawyer for probate in North Dakota?

Not for informal probate. NDCC 30.1-14-01.1 says the assistance of an attorney is not required for informal probate or appointment procedure, and the court must provide the necessary forms to an applicant who asks for help, prepared by the state court administrator and provided at cost. Formal proceedings are litigation before a judge, and the no-attorney sentence in 30.1-14-01.1 covers only informal probate and appointment.

Is there a deadline to open probate in North Dakota?

Three years after the death, under NDCC 30.1-12-08, with listed exceptions. After three years with no proceeding, 30.1-12-08(4) still allows an informal appointment or a formal proceeding, but the personal representative may take estate assets only as far as needed to confirm title in the successors, and no claim other than administration expenses may be presented. A contest of an informally probated will runs within the later of 12 months from the informal probate or 3 years from the death, under 30.1-12-08(3).

Start at the North Dakota probate hub for the rest of the state's pages, then take the question you actually have to the guide that answers it.

Sources:

Title: NDCC 30.1-01-06, Definitions. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: amd. 2025 Senate Bill 2291 (S.L. ch. 318). URL: https://ndlegis.gov/cencode/t30-1c01.pdf#nameddest=30p1-01-06
Title: NDCC 30.1-02-02, (1-302) Subject matter jurisdiction. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c02.pdf#nameddest=30p1-02-02
Title: NDCC 30.1-02-06, (1-307) Powers. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c02.pdf#nameddest=30p1-02-06
Title: NDCC 27-05-00.1, County courts abolished. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t27c05.pdf#nameddest=27-05-00p1
Title: NDCC 30.1-12-08, (3-108) Probate, testacy, and appointment proceedings - Ultimate time limit. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c12.pdf#nameddest=30p1-12-08
Title: NDCC 30.1-13-01, (3-201) Venue for first and subsequent estate proceedings - Location of property. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c13.pdf#nameddest=30p1-13-01
Title: NDCC 30.1-13-03, (3-203) Priority among persons seeking appointment as personal representative. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: amd. 2019 Senate Bill 2070 (S.L. ch. 273). URL: https://ndlegis.gov/cencode/t30-1c13.pdf#nameddest=30p1-13-03
Title: NDCC 30.1-13-04, (3-204) Demand for notice of order or filing concerning decedent's estate. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c13.pdf#nameddest=30p1-13-04
Title: NDCC 30.1-14-01.1, Duty of court to provide forms to an applicant - Assistance of attorney not required. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-01p1
Title: NDCC 30.1-14-02, (3-302) Informal probate - Duty of court - Effect of informal probate. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-02
Title: NDCC 30.1-14-03, (3-303) Informal probate - Proof and findings required. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-03
Title: NDCC 30.1-14-06, (3-306) Informal probate - Notice requirements. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-06
Title: NDCC 30.1-14-07, (3-307) Informal appointment proceedings - Delay in order - Duty of court - Effect of appointment. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-07
Title: NDCC 30.1-14-08, (3-308) Informal appointment proceedings - Proof and findings required. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c14.pdf#nameddest=30p1-14-08
Title: NDCC 30.1-15-01, (3-401) Formal testacy proceedings - Nature - When commenced. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c15.pdf#nameddest=30p1-15-01
Title: NDCC 30.1-15-03, (3-403) Formal testacy proceeding - Notice of hearing on petition. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c15.pdf#nameddest=30p1-15-03
Title: NDCC 30.1-16-01, (3-501) Supervised administration - Nature of proceeding. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c16.pdf#nameddest=30p1-16-01
Title: NDCC 30.1-16-02, (3-502) Supervised administration - Petition - Order. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c16.pdf#nameddest=30p1-16-02
Title: NDCC 30.1-17-03, (3-603) Bond not required without court order - Exceptions. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c17.pdf#nameddest=30p1-17-03
Title: NDCC 30.1-17-05, (3-605) Demand for bond by interested person. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c17.pdf#nameddest=30p1-17-05
Title: NDCC 30.1-18-05, (3-705) Duty of personal representative - Information to heirs and devisees. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c18.pdf#nameddest=30p1-18-05
Title: NDCC 30.1-18-06, (3-706) Duty of personal representative - Inventory and appraisement. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c18.pdf#nameddest=30p1-18-06
Title: NDCC 30.1-18-19, (3-719) Compensation of personal representative. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c18.pdf#nameddest=30p1-18-19
Title: NDCC 30.1-19-01, (3-801) Notice to creditors. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c19.pdf#nameddest=30p1-19-01
Title: NDCC 30.1-19-03, (3-803) Limitations on presentation of claims. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c19.pdf#nameddest=30p1-19-03
Title: NDCC 30.1-21-03, (3-1003) Closing estates - By sworn statement of personal representative. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c21.pdf#nameddest=30p1-21-03
Title: NDCC 30.1-21-03.1, Estate closing - Procedures. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c21.pdf#nameddest=30p1-21-03p1
Title: NDCC 30.1-21-08, (3-1008) Subsequent administration - Fee. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c21.pdf#nameddest=30p1-21-08
Title: NDCC 30.1-23-01, (3-1201) Collection of personal property by affidavit. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: amd. 2025 House Bill 1224 (S.L. ch. 319), effective August 1, 2025. URL: https://ndlegis.gov/cencode/t30-1c23.pdf#nameddest=30p1-23-01
Title: NDCC 30.1-23-03, (3-1203) Small estates - Summary administrative procedure. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: Not listed. URL: https://ndlegis.gov/cencode/t30-1c23.pdf#nameddest=30p1-23-03
Title: NDCC 27-05.2-03, Fees to be charged by the clerk of the district court. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: amd. 2025 Senate Bill 2057 (S.L. ch. 297), effective July 1, 2025. URL: https://ndlegis.gov/cencode/t27c05-2.pdf#nameddest=27-05p2-03
Title: NDCC 50-24.1-07, Recovery from estate of medical assistance recipient. Publisher: North Dakota Legislative Council, North Dakota Century Code. Publication Date: amd. 2025 Senate Bill 2029 (S.L. ch. 550). URL: https://ndlegis.gov/cencode/t50c24-1.pdf#nameddest=50-24p1-07
Title: Effective Dates of 2025 Legislation. Publisher: North Dakota Legislative Council. Publication Date: 2025. URL: https://ndlegis.gov/sites/default/files/resource/69-2025/effective-dates-legislation/effective-dates-2025-legislation.pdf

It is not legal advice.