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Divide County, ND Probate Information
Quick facts
| Item | Divide County detail |
|---|---|
| Court | The district court in Divide County, at the Divide County Courthouse in Crosby (N.D.C.C. § 27-05-06) |
| Courthouse address | Divide County Courthouse, 200 N Main Street, Crosby, ND 58730 |
| Mailing address | Divide County Courthouse, P.O. Box 68, Crosby, ND 58730 |
| Phone | (701) 965-6831, clerk of district court in Divide County (N.D. Sup. Ct. Admin. R. 46) |
| Fax | (701) 965-6943 |
| [email protected] | |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday |
| Filing fee | $160, effective July 1, 2025, for filing a Title 30.1 probate case (N.D.C.C. § 27-05.2-03) |
| Local forms | No Divide County probate forms or local cover sheet. 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 desired. Original wills may be filed on paper (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry, https://publicsearch.ndcourts.gov/. Select Divide County. Case information is current through the end of the previous business day. |
| Remote appearance | A court may allow reliable electronic means on its own motion or on a party's written motion. The rule is discretionary (N.D. Sup. Ct. Admin. R. 52). |
| Court website | https://www.ndcourts.gov/court-locations/divide-county |
Before you begin — know the assets and liabilities
Before you file in Divide County, make a working list of the assets, debts, account holders, beneficiaries, and whether an original will exists. The right estate settlement path depends on what must be transferred, whether real property is involved, and whether anyone is likely to object.
Sunset can help organize the asset search before the court filing. Sunset searches across 2,300 financial institutions, helps identify accounts that may need attention, and turns that information into a cleaner starting point for the probate packet.
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 Divide 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 Divide County is filed with the clerk of district court at the county courthouse in Crosby. Divide County is one of the 3 counties in the Northwest Judicial District, with McKenzie and Williams, 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).
For venue, an informal application must state the county and state of the decedent's domicile at the time of death, and must address venue if the decedent was not domiciled in North Dakota (N.D.C.C. § 30.1-14-01; N.D.C.C. ch. 30.1-13). A Divide County resident's estate is filed at the Divide County Courthouse in Crosby.
The supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to the chamber cities, while judges travel within the Northwest Judicial District under the schedule and direction of the presiding judge (N.D. Sup. Ct. Admin. R. 6). That is an intent statement, not a guarantee about a particular hearing.
The jurisdiction process
- Choose the filing path before preparing papers. Informal probate uses an application under N.D.C.C. ch. 30.1-14. Formal probate uses a petition under N.D.C.C. ch. 30.1-15. If you are unsure which path fits, talk with a North Dakota probate attorney before filing.
- Use the statewide North Dakota Legal Self Help Center materials for informal probate through ndcourts.gov/legal-self-help. The court must provide necessary forms for an informal probate or appointment applicant who requests aid, and assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1).
- File with the clerk of district court in Divide County at the Divide County Courthouse, 200 N Main Street, Crosby, ND 58730, or mail the packet to P.O. Box 68, Crosby, ND 58730 (N.D. Sup. Ct. Admin. R. 46). If there is an original will, send or deliver the original on paper because original wills 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 case, or submit a fee waiver request from ndcourts.gov if you qualify (N.D.C.C. § 27-05.2-03). Call the clerk's office before a counter visit to ask what payment methods are accepted.
- Handle notice issues after appointment. A personal representative may publish notice to creditors once a week for three successive weeks and mail notice to known or reasonably ascertainable creditors; the creditor claim rules then run under N.D.C.C. §§ 30.1-19-01 and 30.1-19-03.
- If the case uses the informal procedure, the court reviews the application without a court appearance or hearing when the proper forms are filed and the correct procedures are followed (N.D.C.C. ch. 30.1-14). If the case is formal, hearings are part of the formal probate process (N.D.C.C. ch. 30.1-15).
- Ask for reliable electronic means only when a hearing or conference is actually scheduled. A party's written motion must be served at least seven days before the proceeding, any response must be served at least four days before, and the court decides whether to allow it (N.D. Sup. Ct. Admin. R. 52).
- After the court makes the required findings, the court issues the written statement of informal probate and, when appointment requirements are met, 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).
- Administer the estate. The personal representative prepares and files or mails the inventory within six months after appointment, or nine months after the decedent's death, whichever is later, and then follows the creditor, distribution and closing procedures that apply to the case (N.D.C.C. §§ 30.1-18-06, 30.1-19-01, 30.1-19-03, N.D.C.C. ch. 30.1-21).
Forms and documents
Probate forms in Divide County
There are no Divide County probate forms and no local cover sheet for this courthouse. Divide County filers use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including the informal probate guidebook and form set.
For informal probate, the court must provide necessary forms to an applicant who requests aid in using the informal probate or appointment procedure, and the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1; N.D.C.C. ch. 30.1-14). The Center also warns that its forms are not court forms that every court must accept, and there is no guarantee that every judge and court will accept them.
Forms are not provided for formal probate proceedings, and forms are not available for every situation that may arise in an informal proceeding. If your Divide County matter needs a document that is not in the guidebook, you create the document yourself or retain a lawyer to prepare it (N.D.C.C. ch. 30.1-15).
Recent updates
| Date | Change | What it means in Divide County |
|---|---|---|
| July 1, 2025 | The North Dakota Court Fee Schedule lists the Title 30.1 probate filing fee at $160, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | The same $160 fee applies at the Divide County Courthouse counter and to Odyssey filings for represented parties. |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path in Divide County | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home passes outside probate or whether an appointed personal representative is needed. If a filing is needed, take or mail the application to the clerk of district court in Crosby, and send the original will on paper if there is one (N.D.R.Ct. 3.5; N.D. Sup. Ct. Admin. R. 46). | Sunset helps organize the asset picture, find account information, and prepare the estate settlement packet before you contact the courthouse or an attorney. |
| Out-of-state adult child with small estate | Use the North Dakota state page to check whether the personal property affidavit route under N.D.C.C. ch. 30.1-23 fits. If a Divide County filing is needed instead, a self-represented filer may mail paper documents to P.O. Box 68, Crosby, ND 58730, or use Odyssey if desired (N.D.R.Ct. 3.5). | Sunset helps collect financial information and keep the filing checklist organized so you can limit unnecessary travel to Crosby. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires an appointed personal representative with letters testamentary or letters of administration. File the application with the clerk of district court in Crosby, then the court issues letters within ten working days after the requirements are met (N.D.C.C. § 30.1-14-07). | Sunset helps identify assets, prepare the probate packet, and connect the family with a local probate attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Provides statewide self-help materials, including informal probate materials, the personal property affidavit page, formal probate information, and the fee waiver request. | https://www.ndcourts.gov/legal-self-help |
| Court page for Divide County | Lists the Crosby courthouse address, mailing address, phone, fax, email, and courthouse hours for the clerk of district court in Divide County (N.D. Sup. Ct. Admin. R. 46). | https://www.ndcourts.gov/court-locations/divide-county |
| North Dakota Courts Records Inquiry | Use the Civil, Family and Probate Case Records category, select Divide County, and remember that case information is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| North Dakota Attorney Search | Use the court system's lawyer search if you need a North Dakota attorney for a contested case, real estate sale, or formal filing. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid with intake lines. Its listed practice areas are Government Benefits, Family, Health, Consumer, Housing, and Elderly Law, so call to ask whether your issue fits. | https://lsnd.org/. Under age 60: 1-800-634-5263. Age 60 and over: 1-866-621-9886. |
When to hire an attorney
Consider a North Dakota probate attorney if the will may be challenged, heirs disagree, real estate must be sold, a business or mineral interest is involved, the estate has creditor issues, or you need formal probate under N.D.C.C. ch. 30.1-15. Informal probate can be handled without required attorney assistance when the statutory informal procedure fits, but legal advice is often the safer route when the estate settlement has conflict or title risk (N.D.C.C. § 30.1-14-01.1). Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families discover accounts, insurance, retirement assets, and other property that can be missed during estate settlement.
Generate the probate packet. Sunset turns the information you provide into an organized packet for the Divide County filing path, including the courthouse address, mailing address, and next steps for the clerk of district court in Crosby (N.D. Sup. Ct. Admin. R. 46).
Find a local probate attorney. When a sale, dispute, creditor issue, or formal probate filing needs legal help, Sunset can connect the family with a probate attorney who works in North Dakota.
Sunset is free for families. Families can use Sunset to organize the estate, understand the next filing step, and get connected to help without paying Sunset.
Frequently asked questions
Where do I file probate in Divide County?
File with the clerk of district court in Divide County at the Divide County Courthouse, 200 N Main Street, Crosby, ND 58730, or mail papers to P.O. Box 68, Crosby, ND 58730 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Crosby?
The Divide County Courthouse lists regular hours as 8:00 a.m. to 4:00 p.m., Monday through Friday. Call (701) 965-6831 before a special trip.
Do I have to e-file in Divide County if I am handling this myself?
A self-represented filer is exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. A self-represented filer may also use Odyssey if desired. Represented parties file through Odyssey (N.D.R.Ct. 3.5).
Can I mail the original will to the Divide County Courthouse?
Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). Use the Divide County mailing address, P.O. Box 68, Crosby, ND 58730, and call the clerk's office if you want to confirm delivery practices.
How much does it cost to file probate in Divide County?
The filing fee for a Title 30.1 probate case is $160, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). A fee waiver request is available through ndcourts.gov/legal-self-help.
Are there Divide County probate forms?
There are no Divide County probate forms. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. The informal packet is provided for statewide use, but the Center warns that its forms are not court forms every court must accept and that not every situation has a form (N.D.C.C. § 30.1-14-01.1).
Can I look up a Divide County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/. Choose the Civil, Family and Probate Case Records category and select Divide County. Case information is current through the end of the previous business day.
Will I have to travel to another city for a Divide County hearing?
The supreme court's stated intent is that residents receive judicial services in their own county without the need to travel to the chamber cities, with judges traveling within the district under the schedule and direction of the presiding judge (N.D. Sup. Ct. Admin. R. 6). That is not a guarantee for every hearing, so follow the notice or order in your case.
Can I ask to appear by video or phone?
For a scheduled proceeding, a party may ask for reliable electronic means by written motion. The motion must state the reasons, say whether the parties agree, and be served at least seven days before the proceeding; any response must be served at least four days before. The court decides (N.D. Sup. Ct. Admin. R. 52).
How long until letters are issued in Divide County?
In an informal appointment, the court must 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 runs from completion of the requirements, not simply from the day papers are delivered.
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.