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Cass County, ND Probate Information

Quick facts
| Item | Cass County detail |
|---|---|
| Court | The district court in Cass County at the Cass County Courthouse (N.D.C.C. § 27-05-06). |
| Courthouse address | 211 9th Street South, Fargo, ND 58103. |
| Mailing address | P.O. Box 2806, Fargo, ND 58108. |
| Clerk phone | (701) 451-6900 for the clerk's office. The clerk of district court keeps the filed papers and court record for the county (N.D. Sup. Ct. Admin. R. 46). |
| [email protected] for questions about a Cass County case. | |
| Fax | The court does not publish a fax number for the Cass County clerk's office. |
| Hours | 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Call before traveling to confirm current counter availability. |
| Filing fee | $160, effective July 1, 2025, for filing probate, guardianship or any other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03). |
| Local forms | Cass County does not add a county-specific probate form or cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Documents filed electronically go through Odyssey. Civil, non-juvenile filings are electronic unless the filer is self-represented or otherwise exempt; self-represented filers may file paper documents in person, by mail or by commercial carrier, and original wills may be filed on paper (N.D.R.Ct. 3.5). |
| Case search | Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Cass County. The portal says information 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 under N.D. Sup. Ct. Admin. R. 52; the court decides. |
| Court website | https://www.ndcourts.gov/court-locations/cass-county |
Before you begin — know the assets and liabilities
Before you file anything in Cass County, make a list of the decedent's assets, debts, account titles, beneficiary designations and any real property. The filing path for estate settlement depends on what passes through the estate, what can transfer outside a court case and whether the original will needs to be delivered to the Fargo courthouse or mailed to the clerk.
Sunset's 2,300-institution asset discovery helps families find bank, investment, retirement and insurance accounts before choosing the right estate settlement path. That asset picture also helps you decide whether the Cass County filing address, the statewide affidavit route under N.D.C.C. ch. 30.1-23 or attorney help is the next step.
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 Cass 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 Cass County is filed with the clerk of district court at the Cass County Courthouse in Fargo. Cass County is one of the three counties in the East Central Judicial District, along with Steele and Traill, which is how judges and district administration are organized; 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 clerk of district court office takes filed papers, receives required payments and keeps the court record under N.D. Sup. Ct. Admin. R. 46.
The jurisdiction process
- Choose the correct North Dakota form set before you file. An informal application uses the statewide North Dakota Legal Self Help Center guidebook and forms under N.D.C.C. ch. 30.1-14; a formal proceeding uses a petition under N.D.C.C. ch. 30.1-15, and the Center states that it does not publish forms for that route.
- Prepare the Cass filing packet and include the original will if there is one. Original wills, codicils and other documents of independent legal significance may be filed as paper documents even when other filings use Odyssey (N.D.R.Ct. 3.5).
- File in Cass County. A represented estate files through Odyssey under N.D.R.Ct. 3.5. A self-represented filer may bring paper documents to the second-floor clerk's office at 211 9th Street South in Fargo, mail them to P.O. Box 2806, Fargo, ND 58108 or use a third party commercial carrier.
- Pay the filing fee or request a waiver. The filing fee is $160, effective July 1, 2025, for a Title 30.1 probate or other testamentary case (N.D.C.C. § 27-05.2-03). The statewide fee waiver request is available through ndcourts.gov/legal-self-help.
- Let the court act on the informal application. In informal probate, the court reviews the application, makes the findings required by statute, issues the written statement of informal probate and issues 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, 30.1-14-03, 30.1-14-07).
- If a hearing is set, follow the court's scheduling order. Cass County does not publish a probate hearing day or filing-to-hearing window. For a proceeding by reliable electronic means, a party must follow N.D. Sup. Ct. Admin. R. 52, including a written motion served at least seven days before the proceeding and any response served at least four days before.
- Use the letters to administer the estate. After appointment, the personal representative handles assets, creditors and distributions, including the notice to creditors process if used (N.D.C.C. § 30.1-19-01) and the inventory and appraisement timing rules (N.D.C.C. § 30.1-18-06).
- Finish administration and close the case under the North Dakota closing procedures that apply to the estate (N.D.C.C. ch. 30.1-21). Keep Cass County's mailing address and case number handy for any later filing or certified copy request.
Forms and documents
Probate forms in Cass County
Cass County does not add a county-specific probate form, checklist or cover sheet. Cass filers use the statewide materials from the North Dakota Legal Self Help Center and the Supreme Court's informal administration guidebook at ndcourts.gov/legal-self-help.
| Form resource | Use in Cass County |
|---|---|
| Informal probate overview and forms | Use the statewide informal probate materials for an application under N.D.C.C. ch. 30.1-14. The guidebook includes Form 2, Form 3, Form 4, Form 17, Form 18 and Form 19. |
| Guidebook and forms for informal administration of an estate | The Supreme Court guidebook is stamped Rev Aug 2025 and is the main packet for a self-represented informal filing in Cass County. |
| Formal route overview | For formal probate under N.D.C.C. ch. 30.1-15, the Center says it does not publish forms. A petitioner creates the documents or works with a lawyer. |
| Affidavit for collection of personal property | Use this statewide affidavit page only if the estate fits the no-court affidavit route under N.D.C.C. § 30.1-23-01. If that route applies, the affidavit is presented to the property holder rather than filed at the Fargo courthouse. |
| Printed form set | The clerk may provide a printed set of probate forms for $5, effective July 1, 2025, under the North Dakota Court Fee Schedule and N.D.C.C. § 27-05.2-03. The downloads are available through ndcourts.gov. |
| Certified copy request | A certified copy of a filed document is $20, effective July 1, 2025, with additional copies of the same document at $10, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. |
The Center warns that its forms are not court-issued forms and that courts are not required to accept every Center form in every situation. If a case is already filed and you have a question about that case, the Judiciary directs you to contact the clerk of court for the county.
Local nuance
Cass County-specific considerations
| Local point | What it means for a Cass filing |
|---|---|
| Separate mailing address | Bring paper filings to 211 9th Street South, Fargo, ND 58103. Mail paper filings to P.O. Box 2806, Fargo, ND 58108. |
| Second-floor clerk's office | The court's Cass page states that the clerk's office is on the second floor of the courthouse. |
| Public entrance and parking | The public entrance is on the east side of the building, and a public parking lot is available at 9th Street and 3rd Avenue. |
| Security and courtroom rules | Visitors enter through the public entrance and proceed through security. Electronic devices must be silenced, and the court publishes rules against food, drinks and headwear except for medical or religious purposes. |
| Direct email | The clerk's email address, [email protected], is for questions about a Cass County case. Filings go through Odyssey or on paper under N.D.R.Ct. 3.5, not by email. |
| East Central Judicial District location | Cass County is in the East Central Judicial District, and Fargo is a chamber city for the district. The case is still filed at the Cass County Courthouse (N.D. Sup. Ct. Admin. R. 6). |
| Reliable electronic means materials | The East Central Judicial District publishes a standing order describing how a proceeding conducted by reliable electronic means is run, including exhibit handling. Whether a particular proceeding uses that format is decided under N.D. Sup. Ct. Admin. R. 52. |
| Hearing livestream note | The district page states that not all hearings will be livestreamed and that recording is not allowed. Do not assume a Cass estate hearing will be viewable online. |
Recent updates
Scenarios
| Scenario | Likely Cass County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by confirming how the Fargo home and financial accounts are titled. If a court case is needed, paper filings go to the second-floor clerk's office at 211 9th Street South or to P.O. Box 2806 by mail. | Sunset helps identify accounts and titling before the spouse files, so the estate settlement plan matches what actually needs court authority. |
| Out-of-state adult child with small estate | A self-represented filer may use paper filing by mail or commercial carrier under N.D.R.Ct. 3.5, and the original will must reach the court on paper if a Cass case is opened. If the statewide affidavit route under N.D.C.C. ch. 30.1-23 applies, the matter may not require a Fargo filing. | Sunset's asset search helps determine whether the estate settlement can stay outside a court filing or needs a Cass County application. |
| Parent settling predeceased child's estate, home must be sold | Real property in Cass County usually means a personal representative needs letters testamentary or letters of administration before a sale can close (N.D.C.C. § 30.1-14-07). File at the Cass County Courthouse or through Odyssey if represented. | Sunset assembles the probate packet and can connect the parent with a Fargo-area probate attorney for the sale and related estate settlement work. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| North Dakota Legal Self Help Center, informal probate | Statewide informal probate overview and forms for an application under N.D.C.C. ch. 30.1-14. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| North Dakota Legal Self Help Center, formal probate | Overview of the formal route under N.D.C.C. ch. 30.1-15. The Center states that it does not publish forms for that route. | https://www.ndcourts.gov/legal-self-help/formal-probate |
| Guidebook and forms for informal administration of an estate | Supreme Court guidebook and numbered form set, including Form 2, Form 3, Form 4, Form 17, Form 18 and Form 19. | https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Probate/Guidebook-for-Informal-Admin-of-Estate.pdf |
| Affidavit for collection of personal property of the decedent | Statewide no-court affidavit resource under N.D.C.C. § 30.1-23-01. | https://www.ndcourts.gov/legal-self-help/personal-property-affidavit |
| Filing fee waiver request | Statewide district court fee waiver materials through ndcourts.gov/legal-self-help for the $160 filing fee, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| Finding a lawyer | Judiciary page on finding counsel, including limited representation. | https://www.ndcourts.gov/legal-self-help/finding-a-lawyer |
| Attorney search | Roster of licensed North Dakota lawyers. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid program. Intake is 1-800-634-5263 for callers under 60 and 1-866-621-9886 for callers age 60 and over. | https://lsnd.org |
| Cass County District Court page | Court address, mailing address, hours, phone, email and courthouse instructions. | https://www.ndcourts.gov/court-locations/cass-county |
| North Dakota Courts Records Inquiry | Case lookup for Cass County filings. Select Cass County and remember that the portal says entries are current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
When to hire an attorney
Consider a probate attorney when the estate has real property to sell, family conflict, missing heirs, creditor questions, a formal probate petition under N.D.C.C. ch. 30.1-15, supervised administration under N.D.C.C. ch. 30.1-16 or tax issues that need professional review. If a case is already filed and you have a question about that case, the Judiciary directs you to contact the clerk of court for the county. Sunset connects families to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across 2,300 institutions to help identify accounts, insurance, retirement assets and other property before the family chooses a Cass County estate settlement path.
Generate the probate packet. Sunset turns the asset picture and family information into an organized probate packet for the North Dakota route you are using, including the Cass filing address and mailing address when a court case is needed.
Find a local probate attorney. When a sale, dispute, formal filing or creditor issue makes counsel the practical choice, Sunset connects families with a vetted North Dakota probate attorney.
Sunset is free for families. Sunset helps families organize estate settlement, understand the next filing step and prepare for the conversation with the Cass County clerk or a lawyer without charging families for the core service.
Frequently asked questions
Where do I file probate in Cass County?
File with the clerk of district court at the Cass County Courthouse, 211 9th Street South, Fargo, ND 58103, or mail paper filings to P.O. Box 2806, Fargo, ND 58108. North Dakota estate cases are filed in the district court (N.D.C.C. § 27-05-06), and venue is handled under N.D.C.C. ch. 30.1-13.
What is the Cass County probate filing fee?
The filing fee is $160, effective July 1, 2025, for filing probate, guardianship or any other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03). A statewide fee waiver request is available through ndcourts.gov/legal-self-help.
Does Cass County have its own probate forms?
Cass County does not add a county-specific probate form or cover sheet. Use the North Dakota Legal Self Help Center informal probate materials for N.D.C.C. ch. 30.1-14 and the Supreme Court guidebook at ndcourts.gov/legal-self-help. For formal probate under N.D.C.C. ch. 30.1-15, the Center states that it does not publish forms.
Can I e-file a Cass County estate case?
Electronic filing in district courts uses Odyssey. Civil, non-juvenile filings are electronic unless the filer is self-represented or otherwise exempt; a self-represented filer may file paper documents in person, by mail or by commercial carrier, and may use Odyssey if choosing electronic filing (N.D.R.Ct. 3.5).
What happens to the original will if the case is e-filed?
The original will should reach the court on paper. N.D.R.Ct. 3.5 allows original wills, codicils and other documents of independent legal significance to be filed as paper documents.
How long does it take to get letters in an informal Cass County case?
For 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. § 30.1-14-07). That period starts after the requirements are met, not simply when a packet is first handed in.
How do I ask for a remote appearance in Cass County?
North Dakota uses the term reliable electronic means. Under N.D. Sup. Ct. Admin. R. 52, a party first contacts the other parties to see whether they agree or object, then files a written motion explaining why that format is appropriate. The motion must be served at least seven days before the proceeding, and any response must be served at least four days before.
Can I look up a Cass County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/ and select Cass County. The portal includes a Civil, Family & Probate Case Records category and says its information is current through the end of the previous business day.
Do I have to travel to Fargo for a Cass County estate?
Not always. A self-represented filer may mail paper filings to P.O. Box 2806, Fargo, ND 58108, and represented filings generally use Odyssey under N.D.R.Ct. 3.5. If a hearing or in-person step is scheduled, follow the court's order and call the clerk's office at (701) 451-6900 before traveling.
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.