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Benson County, ND Probate Information
Quick facts
| Item | Benson County detail |
|---|---|
| Court | The district court in Benson County, at the Benson County Courthouse in Minnewaukan (N.D.C.C. § 27-05-06) |
| Courthouse address | Benson County Courthouse, 311 B Ave. S., Minnewaukan, ND 58351 |
| Mailing address | Benson County Courthouse, PO Box 213, Minnewaukan, ND 58351 |
| Clerk of district court contact | (701) 473-5345. The clerk of district court keeps district court filings and records under N.D. Sup. Ct. Admin. R. 46. |
| Fax | (701) 473-5596 |
| [email protected] | |
| Hours | 8:30 a.m. to 12:00 p.m. and 12:30 p.m. to 4:30 p.m., Monday through Friday. The counter is closed for lunch from noon to 12:30 p.m. |
| Filing fee | $160, effective July 1, 2025, for filing probate, guardianship, or other Title 30.1 testamentary cases (N.D.C.C. § 27-05.2-03) |
| Local forms | Benson County does not publish a county-specific probate form or county-specific cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file electronically through Odyssey. Self-represented filers are exempt from that requirement and may file paper documents in person, by mail, or by third party commercial carrier, or may use Odyssey if they choose (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry, publicsearch.ndcourts.gov. Select Benson County. The site states that data is current through the end of the previous business day. |
| Remote appearance | A party may ask for a proceeding by reliable electronic means by written motion, but the court decides (N.D. Sup. Ct. Admin. R. 52). |
| Website | www.ndcourts.gov/court-locations/benson-county |
Before you begin — know the assets and liabilities
Before you file anything in Minnewaukan, make a working list of the decedent's accounts, real estate, vehicles, debts, recurring bills, and beneficiary designations. Estate settlement goes faster when you know which assets actually need court authority and which can pass another way.
Sunset's asset discovery checks more than 2,300 financial institutions, then helps organize the information you need before you choose a Benson County filing path. If you plan to visit the courthouse, build in the noon to 12:30 p.m. lunch closure and use the north door to enter.
Which court handles jurisdiction
North Dakota has no separate court for decedents' estates and no separate probate forum of any kind: estate settlement is a case class of the state's single district court, which sits in all 53 counties, and the papers are filed with the clerk of district court at the Benson County Courthouse (N.D. Const. art. VI, §§ 1, 8; N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46). The separate county-level forum that once heard these cases was abolished on January 1, 1995, and its files became district court files (N.D.C.C. § 27-05-00.1).
Probate for Benson County is filed with the clerk of district court at the county courthouse in Minnewaukan. Benson County is one of the 11 counties in the Northeast Judicial District, which is how judges and district administration are organised; the case itself is filed at this county's own courthouse (N.D. Sup. Ct. Admin. R. 6; N.D.C.C. ch. 30.1-13). The application should address the decedent's domicile as required for informal filings (N.D.C.C. § 30.1-14-01).
The Minnewaukan courthouse serves Benson County filings, including matters connected to Minnewaukan, Maddock, Leeds, York, and Esmond. If another state, a tribal forum, or property outside North Dakota may be involved, ask the court or an attorney what venue and filing path apply before you file.
The jurisdiction process
- Choose the starting papers. An informal probate application uses the statewide North Dakota Legal Self Help Center materials for informal probate under N.D.C.C. ch. 30.1-14; a formal probate petition follows N.D.C.C. ch. 30.1-15 and may require lawyer-drafted documents because the Center does not provide forms for every formal proceeding.
- Prepare the Benson County filing packet. Include the application or petition, the original will if there is one, death certificate information, proposed letters testamentary or letters of administration, and any required waivers or notices. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5.
- File with the clerk of district court in Benson County. Paper filings go to the Benson County Courthouse, 311 B Ave. S., Minnewaukan, ND 58351, or by mail to PO Box 213, Minnewaukan, ND 58351. The clerk of district court receives filings and keeps the court record under N.D. Sup. Ct. Admin. R. 46.
- Pay the filing fee or request a waiver. The filing fee is $160, effective July 1, 2025, for a Title 30.1 probate filing (N.D.C.C. § 27-05.2-03). Fee waiver materials are available through ndcourts.gov/legal-self-help/fee-waiver.
- Use the correct filing channel. Represented parties file electronically through Odyssey, while self-represented filers may file paper documents in person, by mail, or by third party commercial carrier, or may use Odyssey if they choose (N.D.R.Ct. 3.5). An electronic filing submitted by 11:59 p.m. local time is treated as filed that date, and the required electronic filing fee payment is made by credit card or debit card under N.D.R.Ct. 3.5.
- Handle notice and creditor issues. After appointment, a personal representative may publish and mail notice to creditors, which affects claims deadlines under N.D.C.C. ch. 30.1-19 and N.D.C.C. § 30.1-19-01. Calendar claim deadlines before distributing estate property.
- Address any hearing or remote request. Informal probate under N.D.C.C. ch. 30.1-14 can proceed without a court appearance or without a court hearing when the proper forms and procedures are used. If a hearing is set in a formal or contested matter, a party may request reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52.
- Wait for the court's authority document. In an informal proceeding, the court reviews the application, makes the required findings, issues any written statement of informal probate, and issues letters testamentary or letters of administration within ten working days after all informal-proceeding requirements have been met (N.D.C.C. §§ 30.1-14-02, 30.1-14-03, 30.1-14-07).
- Administer and close the estate. Use the issued letters as proof of authority, gather assets, address claims, keep interested persons informed, and close the estate using the applicable N.D.C.C. ch. 30.1-21 procedure when administration is complete.
Forms and documents
Probate forms in Benson County
Benson County does not publish a county-specific probate form or county-specific cover sheet. A Benson County filer uses the statewide set the North Dakota Supreme Court publishes through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help and the informal-probate guidebook.
North Dakota law requires the court to provide necessary forms to an applicant who requests help using the informal probate or appointment procedure, and assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1). The Center also warns that its forms are not court-required forms and courts are not required to accept every Center form.
Forms are not available for every situation in an informal probate proceeding under N.D.C.C. ch. 30.1-14. The Center also states that forms are not available for formal proceedings under N.D.C.C. ch. 30.1-15, so a person starting that kind of case must create the papers or retain a lawyer to prepare them.
Local nuance
Benson County-specific considerations
| Local point | What to do |
|---|---|
| Lunch closure | The courthouse hours are 8:30 a.m. to 12:00 p.m. and 12:30 p.m. to 4:30 p.m., Monday through Friday. Do not plan a counter visit during the noon to 12:30 p.m. closure. |
| Entrance | Use the north door to enter the Benson County Courthouse. The courthouse instruction says you may exit at the south door. |
| Travel within the Northeast Judicial District | Benson County is in the Northeast Judicial District (N.D. Sup. Ct. Admin. R. 6). No Northeast Judicial District judge is chambered in Minnewaukan. The Supreme Court's stated intent is that residents receive judicial services in their own county without needing to travel to the chamber cities, but that is an intent statement, not a guarantee for every hearing (N.D. Sup. Ct. Admin. R. 6). |
Recent updates
Scenarios
| Scenario | Likely Benson County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by separating assets that pass outside the estate from assets that need a personal representative. If a filing is needed, file the application with the clerk of district court at the Benson County Courthouse in Minnewaukan, and bring or mail any original will as a paper document under N.D.R.Ct. 3.5. Use the north door and avoid the noon to 12:30 p.m. lunch closure. | Sunset helps identify accounts, title clues, debts, and documents so the spouse can decide what belongs in the estate settlement packet. |
| Out-of-state adult child with small estate | If the matter involves the personal-property procedure under N.D.C.C. ch. 30.1-23, read the statewide requirements before starting. If a Benson County probate filing is still needed, a self-represented filer may mail papers to PO Box 213, Minnewaukan, ND 58351, send them by third party commercial carrier, file in person, or use Odyssey if preferred (N.D.R.Ct. 3.5). Any original will still needs to reach the courthouse on paper. | Sunset organizes the asset list and helps prepare questions for the clerk or an attorney before an out-of-state family member spends time and postage on the wrong path. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires an appointed personal representative and court-issued letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07. File in Minnewaukan. The court issues letters within ten working days after all informal-proceeding requirements are met (N.D.C.C. § 30.1-14-07). | Sunset helps collect account information, organize real estate and debt details, generate a filing packet, and connect the parent with a local probate attorney when a sale or dispute makes counsel important. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Provides statewide self-help information, informal probate materials, personal-property affidavit information, formal-probate overview information, and fee waiver materials. Use ndcourts.gov/legal-self-help for the current pages. | ndcourts.gov/legal-self-help |
| Benson County courthouse page | Lists the courthouse address, mailing address, phone, fax, email, hours, and entrance instruction for the district court location in Benson County (N.D.C.C. § 27-05-06). | www.ndcourts.gov/court-locations/benson-county |
| North Dakota Courts Records Inquiry | Use the statewide case search at publicsearch.ndcourts.gov and select Benson County. The site states that entries are current through the end of the previous business day. | publicsearch.ndcourts.gov |
| North Dakota attorney search | Use the judiciary's lawyer lookup if you need North Dakota counsel for a formal filing, real estate issue, dispute, or multi-jurisdiction estate settlement. | www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call to ask whether your issue fits its services. | lsnd.org. Under age 60: 1-800-634-5263. Age 60 and over: 1-866-621-9886. |
When to hire an attorney
An attorney is not required for informal probate or appointment procedure under N.D.C.C. § 30.1-14-01.1 and N.D.C.C. ch. 30.1-14, but counsel can make sense when a will is disputed, real estate must be sold, family members disagree, property is in more than one jurisdiction, or a formal proceeding under N.D.C.C. ch. 30.1-15 is needed. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and helps families build a practical list of accounts, insurance, debts, and property before filing in Benson County.
Generate the probate packet. Sunset turns what you know about the estate into an organized estate settlement packet, with the Benson County courthouse address, mailing address, fee, and paper-original-will reminder built in.
Find a local probate attorney. When a Benson County estate settlement needs legal advice, a formal filing, a real estate sale, or help with conflict among heirs, Sunset can connect the family with a vetted North Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize the work, understand next steps, and decide whether to file on their own or work with counsel.
Frequently asked questions
Where do I file probate in Benson County?
File with the clerk of district court at the Benson County Courthouse, 311 B Ave. S., Minnewaukan, ND 58351, or mail the filing to Benson County Courthouse, PO Box 213, Minnewaukan, ND 58351. The clerk of district court keeps the district court record under N.D. Sup. Ct. Admin. R. 46, and the district court's jurisdiction is under N.D.C.C. § 27-05-06.
What are the clerk's hours in Benson County, and is the office open at lunch?
The courthouse is open 8:30 a.m. to 12:00 p.m. and 12:30 p.m. to 4:30 p.m., Monday through Friday. The counter closes for lunch from noon to 12:30 p.m.
Do I have to e-file if I am self-represented in Benson County?
No. Under N.D.R.Ct. 3.5, self-represented filers are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. They may use Odyssey if they choose.
Can I mail the original will to the Benson County Courthouse?
Original wills, codicils, and other documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5. If you mail the original will, use the courthouse mailing address: PO Box 213, Minnewaukan, ND 58351.
How much does it cost to file probate in Benson County?
The filing fee is $160, effective July 1, 2025, for filing probate, guardianship, or other Title 30.1 testamentary cases (N.D.C.C. § 27-05.2-03). Fee waiver materials are available at ndcourts.gov/legal-self-help/fee-waiver.
Are there Benson County probate forms?
Benson County does not publish a county-specific probate form or county-specific cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. The informal form set is tied to N.D.C.C. ch. 30.1-14, and N.D.C.C. § 30.1-14-01.1 requires the court to provide necessary forms to an applicant who requests aid in using the informal procedure.
Can I look up a Benson County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Benson County. The case search states that data is current through the end of the previous business day, so a new filing may not appear immediately.
Will I have to travel to another city for a Benson County hearing?
Benson County is in the Northeast Judicial District (N.D. Sup. Ct. Admin. R. 6). Rule 6 states the Supreme Court's intent that residents receive judicial services in their own county without the need to travel to the chamber cities, but that statement is not a guarantee for every hearing.
Can I appear remotely in a Benson County probate hearing?
A party may ask to appear by reliable electronic means under N.D. Sup. Ct. Admin. R. 52. The request is made by written motion after attempting to contact the other parties, served at least seven days before the proceeding, with any response served at least four days before. The court decides.
How long until letters are issued in an informal Benson County probate?
After all informal-proceeding requirements are met, the court must issue letters testamentary or letters of administration within ten working days (N.D.C.C. § 30.1-14-07). That period runs from completion of the requirements, not necessarily from the day papers first arrive at the courthouse.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.