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Dickey County, ND Probate Information
Quick facts
| Item | Dickey County detail |
|---|---|
| Court | The district court in Dickey County, at the Dickey County Courthouse in Ellendale (N.D.C.C. § 27-05-06) |
| Courthouse address | Dickey County Courthouse, 309 N 2nd Street, Ellendale, ND 58436 |
| Mailing address | Dickey County Courthouse, PO Box 336, Ellendale, ND 58436 |
| Clerk phone | (701) 349-3249, ext. 4 |
| [email protected] | |
| Fax | No fax number is published for Dickey County. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday |
| Filing fee | $160, effective July 1, 2025, for filing probate, guardianship, or another Title 30.1 testamentary case (N.D.C.C. § 27-05.2-03) |
| Local forms | Dickey County does not publish county-only probate forms. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file through Odyssey. A self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred. Original wills may be filed on paper (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select Dickey County and use Civil, Family & Probate Case Records. Data is current through the end of the previous business day. |
| Remote appearance | A party may ask the court to conduct a proceeding by reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52. |
| Court website | https://www.ndcourts.gov/court-locations/dickey-county |
Before you begin — know the assets and liabilities
Before you file in Ellendale, list the assets, debts, account holders, and real estate interests you know about. The right estate settlement path depends on what must be transferred, whether an original will exists, and whether a personal representative needs letters testamentary or letters of administration (N.D.C.C. § 30.1-14-07).
Sunset can help organize this work before the court packet is prepared. Sunset's asset discovery checks more than 2,300 institutions so families can find accounts, identify liabilities, and decide what needs court authority before filing in Dickey County.
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 Dickey 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 Dickey County is filed with the clerk of district court at the county courthouse in Ellendale. Dickey County is one of the 14 counties in the Southeast 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).
An informal application must state the county and state of the decedent's domicile at the time of death, and venue is addressed in N.D.C.C. ch. 30.1-13 and N.D.C.C. § 30.1-14-01.
The jurisdiction process
- Choose the filing path. Use an application for an informal proceeding under N.D.C.C. ch. 30.1-14, and use a petition if the matter is formal under N.D.C.C. ch. 30.1-15.
- Prepare the statewide probate materials. Dickey County does not publish county-only probate forms, so self-represented filers use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, unless the situation requires custom documents.
- File with the clerk of district court in Dickey County at 309 N 2nd Street, Ellendale, ND 58436, or mail the packet to PO Box 336, Ellendale, ND 58436. The clerk of district court takes the filing, collects the fee, and keeps the file under N.D. Sup. Ct. Admin. R. 46.
- Handle electronic filing correctly. Represented parties file through Odyssey, while a self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, for a Title 30.1 probate filing (N.D.C.C. § 27-05.2-03). If you cannot afford the fee, review the fee waiver materials at ndcourts.gov/legal-self-help/fee-waiver.
- Give notice where the chosen procedure requires it. In an informal probate matter, follow the notice requirements in N.D.C.C. ch. 30.1-14; creditor notice and claim rules are in N.D.C.C. ch. 30.1-19.
- If a hearing is set, follow the court's scheduling order. A party who wants a proceeding conducted by reliable electronic means must use the written-motion process in N.D. Sup. Ct. Admin. R. 52.
- The court reviews the application or petition and makes the findings required by statute. In an informal matter, the court 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).
- After appointment, the personal representative uses the letters to collect assets, deal with claims, manage estate settlement tasks, distribute property, and complete the required final administration steps under North Dakota law.
Forms and documents
Probate forms in Dickey County
Dickey County does not publish county-only probate forms or a county-only probate cover sheet. Filers use the statewide North Dakota Legal Self Help Center probate forms and guide materials at ndcourts.gov/legal-self-help, and printed sets may be provided at cost under N.D.C.C. § 30.1-14-01.1. The current court fee materials list a printed probate form set at $5, effective July 1, 2025 (N.D.C.C. § 27-05.2-03).
The statewide informal materials include forms for an application, a statement of informal probate, letters testamentary, an application for informal appointment in intestacy, a statement of informal appointment, and letters of administration (N.D.C.C. §§ 30.1-14-02, 30.1-14-07; ndcourts.gov/legal-self-help). The Center warns that its forms are not official court forms and courts are not required to accept them. The Center also says it does not provide documents for formal proceedings under N.D.C.C. ch. 30.1-15, or for every situation that may arise in an informal proceeding under N.D.C.C. ch. 30.1-14.
Local nuance
Dickey County-specific considerations
| Local detail | What it means for a filing visit |
|---|---|
| Entrances | The courthouse can be entered through door 1 on the south side or door 3 on the north side. |
| Accessibility | Door 3 is handicap accessible, and the courthouse has an elevator. |
| Office location | The clerk of district court office is on the first floor. The courtroom is on the second floor. |
| Parking | The parking lot is by door 3, with two handicap parking stalls. |
| District presence in Ellendale | A judge of the Southeast Judicial District chambers in Ellendale. This is a local courthouse fact, not a promise about which judicial officer will handle a particular matter (N.D. Sup. Ct. Admin. R. 6). |
Recent updates
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Dickey County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | File at the Dickey County Courthouse in Ellendale if an estate must be opened. Bring or mail the original will on paper, because original wills may be filed as paper documents under N.D.R.Ct. 3.5. The $160 filing fee is effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | Sunset helps identify co-owned assets, mortgages, accounts, and documents before the spouse decides what authority is needed for estate settlement. |
| Out-of-state adult child with small estate under N.D.C.C. ch. 30.1-23 | A self-represented filer may use paper filing by mail to PO Box 336, Ellendale, ND 58436, or by third party commercial carrier, and may use Odyssey if preferred (N.D.R.Ct. 3.5). If an original will exists, it still needs to reach the courthouse on paper. | Sunset helps organize asset information, locate accounts, and generate a county-ready packet so the child can reduce avoidable trips to Ellendale. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires an appointed personal representative with letters testamentary or letters of administration. File the application with the clerk of district court in Ellendale, then the court's order and letters within ten working days after requirements are met. Certified copies cost $20 for the first certified copy and $10 for additional copies of the same document, effective July 1, 2025 (N.D.C.C. §§ 30.1-14-07; 27-05.2-03). | Sunset helps gather account and property information, prepare the probate packet, and connect the family with a local probate attorney when a home sale or title issue needs legal review. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes probate forms and guides for self-represented people, including informal estate materials and fee waiver materials. The Center does not give legal advice. | https://www.ndcourts.gov/legal-self-help |
| Dickey County clerk of district court | Contact this office for questions about a case that is already filed in Dickey County. The clerk of district court takes filings and maintains the file under N.D. Sup. Ct. Admin. R. 46. | (701) 349-3249, ext. 4; [email protected] |
| North Dakota Courts Records Inquiry | Use Civil, Family & Probate Case Records, select Dickey County, and remember the system says data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Legal Services of North Dakota | Statewide civil legal aid programme. Call intake to ask whether your issue fits its current services. | https://lsnd.org/; under 60: 1-800-634-5263; age 60 and over: 1-866-621-9886 |
| North Dakota Attorney Search | The North Dakota Judiciary provides an attorney-search tool for people looking for counsel. | https://www.ndcourts.gov/lawyers |
When to hire an attorney
A lawyer is especially useful when heirs disagree, a will may be challenged, real estate must be sold, a creditor issue affects distribution, formal proceedings under N.D.C.C. ch. 30.1-15 are needed, or supervised administration under N.D.C.C. ch. 30.1-16 is being considered. For families who want help moving from paperwork to legal representation, Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help families identify accounts, insurance, loans, and other assets that may affect estate settlement in Dickey County.
Generate the probate packet. Sunset turns the information you provide into an organized probate packet for filing with the clerk of district court in Dickey County, with local address and filing details built in (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
Find a local probate attorney. When a home sale, disagreement, creditor issue, or formal proceeding calls for legal help, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Sunset helps families understand the next estate settlement step, prepare the paperwork, and decide when legal counsel is worth bringing in.
Frequently asked questions
Where do I file probate in Dickey County?
File with the clerk of district court at the Dickey County Courthouse, 309 N 2nd Street, Ellendale, ND 58436, or mail the packet to Dickey County Courthouse, PO Box 336, Ellendale, ND 58436. The district court handles decedent estate cases in Dickey County (N.D.C.C. § 27-05-06), and the clerk of district court maintains the filing office under N.D. Sup. Ct. Admin. R. 46.
What are the clerk's hours in Ellendale?
The published courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call (701) 349-3249, ext. 4 before traveling if timing is important.
Do I have to e-file in Dickey County if I am self-represented?
No. Represented parties file through Odyssey, but a self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred (N.D.R.Ct. 3.5).
Can the original will be mailed to the Dickey County Courthouse?
Yes. North Dakota's e-filing rule says original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). Mail filings for Dickey County go to PO Box 336, Ellendale, ND 58436.
How much does it cost to file probate in Dickey County?
The filing fee is $160, effective July 1, 2025, for filing probate, guardianship, or another Title 30.1 testamentary case (N.D.C.C. § 27-05.2-03). Fee waiver materials are available through ndcourts.gov/legal-self-help/fee-waiver.
Are there Dickey County probate forms?
Dickey County does not publish county-only probate forms. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. The Center warns that its forms are not official court forms and courts are not required to accept them.
Can I look up a Dickey County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov, choose Dickey County, and select Civil, Family & Probate Case Records. The system says data is current through the end of the previous business day.
Will I have to travel to Ellendale for a hearing?
Informal probate under N.D.C.C. ch. 30.1-14 can proceed without a court appearance or court hearing if the proper forms and procedures are used. Formal probate under N.D.C.C. ch. 30.1-15 includes hearings. The North Dakota Supreme Court's stated intent is that residents receive judicial services in their own county without the need to travel to chamber cities, but that is an intent statement, not a guarantee for a particular case (N.D. Sup. Ct. Admin. R. 6).
Can I ask to appear by video or phone?
A party may ask for a proceeding by reliable electronic means. The request is a written motion under N.D. Sup. Ct. Admin. R. 52, served at least seven days before the proceeding, with any response served at least four days before. The court decides the request.
How long until letters are issued in an informal Dickey County estate?
In an informal proceeding, the court issues letters testamentary or letters of administration within ten working days after all requirements for informal proceedings have been met (N.D.C.C. § 30.1-14-07). That period does not start simply because a packet was mailed or dropped off.
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.