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Eddy County, ND Probate Information
Quick facts
| Item | Eddy County detail |
|---|---|
| Court | The district court in Eddy County, at the Eddy County Courthouse in New Rockford (N.D.C.C. § 27-05-06). |
| Filing office | Clerk of district court in Eddy County. The clerk receives papers, money and records for the court (N.D. Sup. Ct. Admin. R. 46). |
| Courthouse address | Eddy County Courthouse, 524 Central Ave., New Rockford, ND 58356. |
| Mailing address | 524 Central Ave., New Rockford, ND 58356. No separate P.O. box is published for this court location. |
| Phone | (701) 947-2434, ext. 2013 or 2014. |
| [email protected]. | |
| Fax | No fax number is published for Eddy County on the North Dakota Courts location page. |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Thursday, and 8:00 a.m. to 1:00 p.m. on Friday. |
| Fee to open a Title 30.1 case | $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. |
| Local forms | No Eddy County probate forms or local cover sheet are published. 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 the electronic filing requirement and may file paper documents in person, by mail, or by commercial carrier, and may use Odyssey if they choose. Original wills go to the courthouse on paper (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/. Select Eddy County. Data is current through the end of the previous business day. |
| Remote appearance | A party may ask to appear by reliable electronic means by written motion; court approval is discretionary (N.D. Sup. Ct. Admin. R. 52). |
| Website | https://www.ndcourts.gov/court-locations/eddy-county |
Before you begin — know the assets and liabilities
Before you file in Eddy County, build a working list of the decedent's assets, debts, account institutions, real estate, vehicles, and beneficiaries. Estate settlement goes faster when you know whether the estate needs letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07, whether an original will must be delivered on paper under N.D.R.Ct. 3.5, and which address to use for the New Rockford courthouse.
Sunset's asset discovery searches more than 2,300 financial institutions, which can help families find accounts before choosing the filing path. Use that information to prepare the Eddy County filing packet, estimate the $160 fee effective July 1, 2025 under N.D.C.C. § 27-05.2-03, and decide whether you need local counsel.
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 Eddy 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 Eddy County is filed with the clerk of district court at the county courthouse in New Rockford. Eddy 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).
The informal probate application asks for the decedent's county and state of domicile at death, and if the decedent was not domiciled in North Dakota, a statement showing venue (N.D.C.C. § 30.1-14-01). The New Rockford courthouse serves Eddy County communities including New Rockford and Sheyenne.
The jurisdiction process
- Choose the correct 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, confirm the path with an attorney before filing.
- Prepare the statewide forms if the informal process fits. Eddy County does not publish its own probate forms or local cover sheet; the North Dakota Legal Self Help Center materials are at ndcourts.gov/legal-self-help. Formal probate under N.D.C.C. ch. 30.1-15 requires documents you prepare yourself or through a lawyer.
- File with the clerk of district court in Eddy County at 524 Central Ave., New Rockford, ND 58356. The clerk receives filings and keeps the court record for the district court (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
- Handle e-filing correctly. Represented parties file electronically through Odyssey, while self-represented filers may file on paper in person, by mail, or by commercial carrier, and may use Odyssey if they choose. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents, so send or bring the original will to the New Rockford courthouse on paper (N.D.R.Ct. 3.5).
- Pay the $160 Title 30.1 opening fee, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. If you cannot afford the fee, use the fee waiver materials at ndcourts.gov/legal-self-help/fee-waiver.
- Follow the notice rules that apply after appointment. A personal representative may publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, with mailing to known and reasonably ascertainable creditors; the publication choice affects the claims bar under N.D.C.C. §§ 30.1-19-01 and 30.1-19-03.
- If the court sets a hearing, follow the scheduling instructions from the court. The North Dakota Supreme Court's stated intent is that residents receive judicial services in their own county, and Eddy County is in the Southeast Judicial District under N.D. Sup. Ct. Admin. R. 6.
- If you need a remote appearance, file a written motion asking for reliable electronic means. The motion must be served at least seven days before the proceeding, any response is served at least four days before, and the court may shorten those times for good cause (N.D. Sup. Ct. Admin. R. 52).
- After the court acts on an informal application, it issues the written statement of informal probate and issues letters testamentary or letters of administration within ten working days after all informal requirements have been met (N.D.C.C. §§ 30.1-14-02, 30.1-14-03, 30.1-14-07).
- Use the authority documents to administer the estate, gather assets, handle valid debts, distribute property, and complete the closing steps that apply under N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in Eddy County
There are no Eddy County probate forms and no local cover sheet. Filers use the statewide set published through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help, including the informal probate materials under N.D.C.C. ch. 30.1-14 and the fee waiver materials at ndcourts.gov/legal-self-help/fee-waiver.
The Center warns that its forms are not guaranteed to be accepted in every situation. It also states that forms are not available for formal probate proceedings under N.D.C.C. ch. 30.1-15, and that forms are not available for every informal situation.
If you need a printed set from the clerk, the printed probate form set costs $5, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule.
Local nuance
Eddy County-specific considerations
| Local detail | What it means for an Eddy County filing |
|---|---|
| Short Friday hours | The courthouse is open 8:00 a.m. to 4:00 p.m., Monday through Thursday, and 8:00 a.m. to 1:00 p.m. on Friday. Plan paper filings and original will delivery under N.D.R.Ct. 3.5 around that local schedule. |
| Second-floor courtroom | The courtroom is on the second floor. A handicapped lift is available to the second floor, and the handicapped entrance is on the north side of the building. |
| Parking | Parking is available on Central Ave. in front of the courthouse and on the street west of the building. |
| New Rockford chambers | A Southeast Judicial District judge is chambered in New Rockford. The Supreme Court's stated intent is that residents receive judicial services in their own county, but that is an intent statement rather than a promise about a specific hearing (N.D. Sup. Ct. Admin. R. 6). |
| Courtroom rules | If you attend court, electronic devices including cell phones must be turned off. The courthouse rules also state no purses or backpacks, no food, and no hats or caps. |
Recent updates
Scenarios
| Situation | Likely Eddy County path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by identifying which assets are part of the probate estate and whether an application in Eddy County is needed. If a will is involved, the original will goes to the New Rockford courthouse on paper under N.D.R.Ct. 3.5, and the $160 opening fee is effective July 1, 2025, under N.D.C.C. § 27-05.2-03. | Sunset helps find accounts, organize title information, and generate a packet for the clerk of district court in Eddy County (N.D. Sup. Ct. Admin. R. 46). |
| Out-of-state adult child w/ small estate | Review the state small estate rules under N.D.C.C. ch. 30.1-23 before filing anything. If a court filing is still needed, a self-represented filer may mail paper documents to 524 Central Ave., New Rockford, ND 58356, or use Odyssey if preferred; the original will still reaches the courthouse on paper (N.D.R.Ct. 3.5). | Sunset helps sort the asset list, identify whether a court filing is needed, and prepare an Eddy County packet for estate settlement. |
| Parent settling predeceased child's estate, home must be sold | A sale often requires an appointed personal representative and letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07. File in New Rockford, and if certified copies are needed, a certified copy is $20 and additional copies of the same document are $10, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. | Sunset helps gather the financial picture, create the filing packet, and connect the family with a North Dakota probate attorney if a sale or title issue needs legal work. |
Self-help resources
| Resource | How to use it | Link |
|---|---|---|
| North Dakota Legal Self Help Center | Use the statewide informal probate guidebook, forms, personal property affidavit information, formal probate overview, and fee waiver materials. The self-help materials are at ndcourts.gov/legal-self-help. | https://www.ndcourts.gov/legal-self-help |
| Eddy courthouse location page | Use it for the courthouse address, phone extensions, hours, email, entrance information, parking information, and local courtroom rules. | https://www.ndcourts.gov/court-locations/eddy-county |
| North Dakota Courts Records Inquiry | Use the Civil, Family & Probate Case Records category, select Eddy County, and remember that data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Attorney Search | Use the Judiciary's lawyer search if you need to find counsel for a contested matter, sale of real estate, or formal probate under N.D.C.C. ch. 30.1-15. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call 1-800-634-5263 if under 60, or 1-866-621-9886 if age 60 or over. Contact the program to ask whether your issue fits its services. | https://lsnd.org |
When to hire an attorney
You may want a North Dakota probate attorney if the will is contested, formal probate under N.D.C.C. ch. 30.1-15 is needed, real estate must be sold, beneficiaries disagree, tax questions arise, or you are not sure whether the New Rockford filing should be informal or formal. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions to help families build the asset list needed for estate settlement before filing in Eddy County.
Generate the probate packet. Sunset helps turn the asset information, family details, and will information into an organized packet for the clerk of district court in Eddy County, while keeping the original will paper requirement in mind (N.D. Sup. Ct. Admin. R. 46; N.D.R.Ct. 3.5).
Find a local probate attorney. If the estate needs formal probate under N.D.C.C. ch. 30.1-15, a home sale, or help with letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07, Sunset can connect the family with a North Dakota probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, identify assets, and understand the next filing step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Eddy County?
File with the clerk of district court at the Eddy County Courthouse, 524 Central Ave., New Rockford, ND 58356. The district court handles the case, and the clerk receives filings and keeps the record (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in New Rockford?
The published courthouse hours are 8:00 a.m. to 4:00 p.m., Monday through Thursday, and 8:00 a.m. to 1:00 p.m. on Friday. Call (701) 947-2434, ext. 2013 or 2014 before making a special trip.
Do I have to e-file in Eddy County if I am self-represented?
No. Under N.D.R.Ct. 3.5, represented parties file electronically through Odyssey, but 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 may use Odyssey if they choose.
Can I mail the original will to the Eddy County courthouse?
Yes. Original wills, codicils, and other documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5. Mail or deliver the original will to 524 Central Ave., New Rockford, ND 58356.
How much does it cost to file probate in Eddy County?
The fee to open a Title 30.1 probate case is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule. Fee waiver materials are available at ndcourts.gov/legal-self-help/fee-waiver.
Are there Eddy County probate forms?
No Eddy County probate forms or local cover sheet are published. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help for informal probate under N.D.C.C. ch. 30.1-14, and remember that the Center does not provide forms for formal probate under N.D.C.C. ch. 30.1-15.
Can I look up an Eddy County probate case online?
Use North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/, choose the Civil, Family & Probate Case Records category, and select Eddy County. The system states that data is current through the end of the previous business day.
Will I have to travel to another city for an Eddy County hearing?
The Supreme Court's stated intent is that residents receive judicial services in their own county, and Eddy County is in the Southeast Judicial District (N.D. Sup. Ct. Admin. R. 6). A Southeast Judicial District judge is chambered in New Rockford, but follow the court's notice for any specific hearing.
Can I appear by video in an Eddy County probate matter?
A court may allow a proceeding by reliable electronic means on its own motion or on a party's written motion. A party's motion must be served at least seven days before the proceeding, and any response must be served at least four days before; the court may shorten the time for good cause (N.D. Sup. Ct. Admin. R. 52).
How long until letters are issued in an informal Eddy County case?
For an informal appointment, the court must issue letters testamentary or letters of administration within ten working days after all informal proceeding requirements have been met (N.D.C.C. § 30.1-14-07).
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.