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Burleigh County, ND Probate Information
Quick facts
| Item | Burleigh County detail |
|---|---|
| Court | The district court in Burleigh County, at the Burleigh County Courthouse (N.D.C.C. § 27-05-06) |
| Courthouse address | 514 East Thayer Avenue, Bismarck, ND 58501 |
| Mailing address | P.O. Box 1055, Bismarck, ND 58502-1055 |
| Clerk of district court | File with the clerk of district court in Burleigh County (N.D. Sup. Ct. Admin. R. 46) |
| Phone | (701) 222-6690 ext. 1 for the clerk's office |
| Fax | (701) 222-6758 |
| [email protected] | |
| Hours | 8:00 a.m. to 5:00 p.m. Call the clerk's office before travelling because no day range, holiday note, counter cutoff, or time zone is published for Burleigh County. |
| Filing fee | $160, effective July 1, 2025, for filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03) |
| Local forms | Burleigh County does not add a county-specific probate form or cover sheet. Use the statewide North Dakota Legal Self Help Center forms at ndcourts.gov/legal-self-help. |
| E-filing | Represented civil, non-juvenile cases are filed through Odyssey. Self-represented litigants are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by commercial carrier; a self-represented filer who uses electronic filing must use Odyssey (N.D.R.Ct. 3.5). |
| Original will | Original wills, codicils, and other documents of independent legal significance may be filed on paper, even when other documents are filed electronically (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Burleigh County; the system includes Civil, Family & Probate Case Records and is current through the end of the previous business day. |
| Remote appearance | A party may ask for a proceeding by reliable electronic means under N.D. Sup. Ct. Admin. R. 52. The court decides. The South Central Judicial District caseflow plan says reliable electronic means are available in Burleigh County and are managed under that rule. |
| Court website | https://www.ndcourts.gov/court-locations/burleigh-county |
Before you begin — know the assets and liabilities
Before you file in Burleigh County, list the assets, debts, account titles, beneficiary designations, and real estate interests. Estate settlement moves faster when you know whether the decedent owned property alone, jointly, or through a nonprobate transfer.
Sunset searches across more than 2,300 financial institutions to help families find accounts and assets before choosing a court filing path. That asset picture helps you decide whether to prepare a Burleigh County filing packet, use a statewide no-court affidavit route where it fits, or ask a local attorney to help.
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 Burleigh County Courthouse (N.D. Const. art. VI, §§ 1, 8; N.D.C.C. § 27-05-06). 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 Burleigh County is filed with the clerk of district court at the county courthouse in Bismarck. Burleigh County is one of the nine counties in the South Central 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 courthouse serves Burleigh County communities, including Bismarck, Lincoln, Wilton, and Wing. The informal application asks for the decedent's domicile and, if the decedent was not domiciled in North Dakota, a statement showing venue (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Confirm that Burleigh County is the right filing place. Venue is handled under North Dakota probate venue rules, and the informal application asks for the decedent's domicile or a statement showing venue if the decedent was not domiciled in North Dakota (N.D.C.C. ch. 30.1-13; N.D.C.C. § 30.1-14-01).
- Choose the correct statewide path before preparing papers. A no-court affidavit for collection of personal property may apply only under the statewide rules in N.D.C.C. § 30.1-23-01. If a court case is needed, informal probate uses an application under N.D.C.C. ch. 30.1-14, while a formal case uses a petition under N.D.C.C. ch. 30.1-15.
- Prepare the statewide forms. Burleigh County does not add a local probate form or cover sheet. For an informal will case, the North Dakota Legal Self Help Center guidebook includes Form 2, Form 3, and Form 4. For an intestate informal appointment, it includes Form 17, Form 18, and Form 19. The statewide probate forms are at ndcourts.gov/legal-self-help.
- File with the clerk of district court in Burleigh County. Paper filings go to the Burleigh County Courthouse at 514 East Thayer Avenue, Bismarck, ND 58501, or by mail to P.O. Box 1055, Bismarck, ND 58502-1055. The clerk of district court takes the filing, collects the fee, and keeps the file (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 filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03). A fee waiver request is available through ndcourts.gov/legal-self-help.
- Handle electronic filing correctly. Documents filed electronically in district court use Odyssey. Self-represented litigants are exempt from the electronic filing requirement and may file paper documents, but a self-represented filer who chooses electronic filing must use Odyssey. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
- Wait for the court to act. Informal probate and informal appointment require at least one hundred twenty hours after death. In an informal appointment, 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 (N.D.C.C. §§ 30.1-14-02, 30.1-14-07).
- Give any required notices and decide whether to use the creditor notice process. Notice to creditors is a statewide personal representative decision that can shorten the claims period when handled under N.D.C.C. § 30.1-19-01 and N.D.C.C. ch. 30.1-19. Do not rely on the clerk's office for legal advice about that choice.
- Ask for reliable electronic means only if a hearing is set and a remote request is appropriate. A party's written motion under N.D. Sup. Ct. Admin. R. 52 must state the reasons, say whether the parties agree, and be served at least seven days before the proceeding unless the court shortens time for good cause. Any response is served at least four days before the proceeding.
- Administer the estate and finish the case. After letters testamentary or letters of administration issue, the personal representative gathers assets, handles claims, prepares any inventory required by N.D.C.C. § 30.1-18-06, and completes the statewide closing process under N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in Burleigh County
Burleigh County does not add a county-specific probate form, cover sheet, or checklist. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help and the Guidebook and Forms for Informal Administration of an Estate published by the North Dakota courts.
| Form resource | Use in Burleigh County |
|---|---|
| Informal probate overview and forms | Use for statewide informal filings under N.D.C.C. ch. 30.1-14. The court shall provide necessary forms to an applicant who requests aid in using the informal procedure, and assistance of an attorney is not required for informal probate or appointment procedure (N.D.C.C. § 30.1-14-01.1). |
| Guidebook and Forms for Informal Administration of an Estate | Includes the numbered informal form set, including Form 2, Form 3, Form 4, Form 17, Form 18, and Form 19, at ndcourts.gov. |
| Affidavit for collection of personal property of the decedent | Use only when the statewide no-court affidavit requirements fit under N.D.C.C. § 30.1-23-01. If that route applies, nothing is filed with the Burleigh County District Court. |
| Formal case materials | The Legal Self Help Center says forms are not available for formal proceedings. A formal case is filed by petition under N.D.C.C. ch. 30.1-15. |
| Printed form set | The North Dakota Court Fee Schedule prices a printed probate form set from the clerk at $5, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). |
The Legal Self Help Center also warns that its forms are not official court forms, courts are not required to accept them, and a self-represented person may need to create a document or retain a lawyer when the guidebook does not include the needed form.
Local nuance
Burleigh County-specific considerations
| Local point | Why it matters |
|---|---|
| Street address and mailing address differ | Bring papers to 514 East Thayer Avenue, Bismarck, ND 58501. Mail papers to P.O. Box 1055, Bismarck, ND 58502-1055. The street and box use different ZIP codes. |
| The clerk's office uses an extension | Call (701) 222-6690 ext. 1 for the clerk's office. The same base number has a jury line at another extension, so choose the clerk's office extension for an estate settlement question. |
| Email is published for the clerk's office | Burleigh County publishes [email protected] for the clerk's office. Use it for questions about an already filed case, not as a filing method unless the court tells you to do so. |
| Bismarck is a chamber city in the South Central Judicial District | Burleigh County is in the South Central Judicial District, and Bismarck is one of the district's chamber cities. The supreme court's stated intent is that residents receive judicial services in their own county without needing to travel to chamber cities (N.D. Sup. Ct. Admin. R. 6). |
| Recorder work is separate from court filing | Some jointly held real property steps may involve the county recorder rather than the court. In Burleigh County, that office is at a separate downtown address from the courthouse, and the county is moving administrative departments during a remodel. Confirm the recorder's current address with the county before making that trip. |
| No courthouse visitor instructions are published for this page | The Burleigh court page does not publish parking, entrance, floor, or courtroom instruction details. Call the clerk's office before travelling if you need building-specific directions. |
| Livestreams are not a substitute for appearance permission | The South Central Judicial District page links hearing livestreams and states that not all hearings will be livestreamed and recording is not allowed. A remote appearance request still follows N.D. Sup. Ct. Admin. R. 52. |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Burleigh County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the Bismarck home is titled. If a court case is needed, file with the clerk of district court at the Burleigh County Courthouse or mail the papers to P.O. Box 1055. If the home was held in joint tenancy, the Supreme Court guidebook points that real property transfer step to the county recorder, which is a different office from the courthouse. | Sunset helps identify accounts, assets, and title clues before the spouse chooses the estate settlement path. |
| Out-of-state adult child with small estate | If the statewide affidavit route fits under N.D.C.C. ch. 30.1-23 and N.D.C.C. § 30.1-23-01, no Burleigh court filing is made. If a court case is needed, a self-represented filer may use paper filing by mail or commercial carrier, and the original will must reach the courthouse or the P.O. Box on paper under N.D.R.Ct. 3.5. | Sunset's search across more than 2,300 institutions helps determine whether the estate settlement can stay out of court or needs a Burleigh County filing. |
| Parent settling predeceased child's estate, home must be sold | A home that must be sold usually means the no-court affidavit route will not be enough. File the appropriate statewide petition or application in Burleigh County, pay the $160 filing fee effective July 1, 2025 (N.D.C.C. § 27-05.2-03), and wait for the court to issue letters testamentary or letters of administration when the requirements are met (N.D.C.C. § 30.1-14-07). | Sunset assembles the asset picture, generates the probate packet, and connects the family with a local probate attorney when the sale needs legal coordination. |
Self-help resources
| Resource | What it provides | Website or phone |
|---|---|---|
| North Dakota Legal Self Help Center | Statewide probate guidance, informal forms, formal overview, fee waiver materials, and the personal property affidavit page. | https://www.ndcourts.gov/legal-self-help |
| Informal probate page | Overview and forms for informal probate under N.D.C.C. ch. 30.1-14. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| Guidebook and forms for informal administration of an estate | The North Dakota courts guidebook and numbered forms, including Forms 1, 2, 3, 4, 8, 9, 17, 18, and 19. | https://www.ndcourts.gov |
| Formal probate overview | Information about formal proceedings under N.D.C.C. ch. 30.1-15. The Center says forms are not available for formal proceedings. | https://www.ndcourts.gov/legal-self-help/formal-probate |
| Filing fee waiver request | Statewide fee waiver request materials for district court. | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| Burleigh County District Court page | Court address, hours, phone extension, fax, and email for the Burleigh County clerk's office. | https://www.ndcourts.gov/court-locations/burleigh-county |
| North Dakota Courts Records Inquiry | Case lookup for Civil, Family & Probate Case Records. Select Burleigh County. | https://publicsearch.ndcourts.gov/ |
| Attorney Search | North Dakota courts lawyer search. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Its public practice areas do not state that it accepts decedents' estate matters, so call to ask. | https://lsnd.org, 1-800-634-5263 for callers under 60, 1-866-621-9886 for callers age 60 and over |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions so families can identify accounts, balances, and likely transfer paths before filing in Burleigh County. A complete asset map makes estate settlement decisions clearer.
Generate the probate packet. Sunset turns the family's answers into a county-ready probate packet using the statewide North Dakota forms where they apply, with Burleigh County filing details such as the Bismarck courthouse address and mailing address.
Find a local probate attorney. When a sale, dispute, formal petition, or creditor issue needs legal help, Sunset can connect the family with a vetted attorney familiar with North Dakota probate practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets, generate documents, and decide when professional help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Burleigh County?
File with the clerk of district court at the Burleigh County Courthouse, 514 East Thayer Avenue, Bismarck, ND 58501, or mail papers to P.O. Box 1055, Bismarck, ND 58502-1055. Probate is handled in the district court in Burleigh County (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What number do I call for a Burleigh County estate case?
Call (701) 222-6690 ext. 1 for the clerk's office. The court also publishes a jury line at another extension, so use ext. 1 for questions about an estate case already filed.
Can I e-file a Burleigh County probate case?
Electronic filings in district court use Odyssey. Represented civil, non-juvenile cases are filed electronically, while self-represented litigants are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by commercial carrier. A self-represented filer who chooses electronic filing must use Odyssey, and the original will may be filed on paper (N.D.R.Ct. 3.5).
Does Burleigh County have its own probate forms?
Burleigh County does not add a county-specific probate form or cover sheet. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. The Center says its forms are not official court forms, courts are not required to accept them, and forms are not available for formal proceedings.
How much is the Burleigh County probate filing fee?
The filing fee is $160, effective July 1, 2025, for filing a probate, guardianship, or other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03). A fee waiver request is available through ndcourts.gov/legal-self-help.
How soon can I get letters testamentary or letters of administration?
For informal appointment, at least one hundred twenty hours must have elapsed since death. 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 (N.D.C.C. § 30.1-14-07).
Is there a Burleigh County probate hearing date I can plan around?
No probate hearing day, calendar, department number, or typical wait is published for Burleigh County. Informal probate under N.D.C.C. ch. 30.1-14 is designed for filing without a court appearance or without a court hearing when the requirements are met. Formal probate under N.D.C.C. ch. 30.1-15 includes court hearings.
How do I ask for a remote appearance in Burleigh County?
North Dakota uses the term reliable electronic means. A party may file a written motion under N.D. Sup. Ct. Admin. R. 52, after first contacting the other parties to learn whether they agree or object. The motion must be served at least seven days before the proceeding, and any response must be served at least four days before, unless the court shortens time for good cause.
Can I look up a Burleigh County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Burleigh County. The system includes Civil, Family & Probate Case Records and says Data is current through the end of the previous business day. Do not expect a filing made today to appear today.
Do I have to travel to Bismarck if I live out of state?
Not always. A self-represented filer may file paper documents by mail or commercial carrier under N.D.R.Ct. 3.5, and some estates may use the statewide affidavit for collection of personal property under N.D.C.C. § 30.1-23-01 instead of filing a case. If a hearing is set, any request to appear by reliable electronic means is handled under N.D. Sup. Ct. Admin. R. 52.
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.