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Foster County, ND Probate Information
Quick facts
| Item | Foster County detail |
|---|---|
| Court | The district court in Foster County, at the Foster County Courthouse in Carrington (N.D.C.C. § 27-05-06) |
| Filing office | Clerk of district court in Foster County (N.D. Sup. Ct. Admin. R. 46) |
| Courthouse address | Foster County Courthouse, 1000 N. Central Ave., Carrington, ND 58421 |
| Mailing address | P.O. Box 257, Carrington, ND 58421 |
| Phone | (701) 652-1001 |
| Hours | Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. |
| Filing fee | $160, effective July 1, 2025, for filing a probate or other Title 30.1 case (N.D.C.C. § 27-05.2-03) |
| Local forms | Foster County publishes no county-specific probate forms or cover sheet. Use the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file 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, or may use Odyssey if they choose. 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 Foster County; information is current through the end of the previous business day. |
| Remote appearance | A party may request reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52. Court approval is required. |
| Court website | https://www.ndcourts.gov/court-locations/foster-county |
Before you begin — know the assets and liabilities
Before you file, list the accounts, real estate, vehicles, debts, beneficiaries, and any original will. The right estate settlement path depends on what the decedent owned, who is entitled to act, and whether the papers can be handled informally under North Dakota's Uniform Probate Code, N.D.C.C. tit. 30.1.
Sunset's 2,300-institution asset discovery helps families find accounts and property before they prepare a probate packet for Foster County. Having that information first helps you avoid filing an incomplete application or asking for the wrong letters under N.D.C.C. § 30.1-14-07.
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 Foster 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).
Foster County is one of the 14 counties in the Southeast Judicial District, along with Barnes, Dickey, Eddy, Griggs, Kidder, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Stutsman, and Wells (N.D. Sup. Ct. Admin. R. 6). The judicial district organizes judges and district administration, but a Foster County filing goes to this county's own courthouse in Carrington.
Venue is governed by N.D.C.C. ch. 30.1-13. An informal application must state the county and state of the decedent's domicile at death, and if the decedent was not domiciled in North Dakota, the application must show venue (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Choose the correct North Dakota materials before filing. 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. Foster County does not publish a county-specific probate packet, so start with the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help.
- File with the clerk of district court at the Foster County Courthouse, 1000 N. Central Ave., Carrington, ND 58421, or mail the papers to P.O. Box 257, Carrington, ND 58421 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46). The counter is open Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m.
- Pay the $160 filing fee, effective July 1, 2025, for filing a probate or other Title 30.1 case, unless the court grants a fee waiver through the ndcourts.gov fee-waiver process (N.D.C.C. § 27-05.2-03).
- If you are represented, file electronically through Odyssey. If you are self-represented, you are exempt from the electronic filing requirement and may file on paper in person, by mail, or by commercial carrier, or may use Odyssey if you choose. Original wills, codicils, and documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
- Handle notice after appointment. Notice to creditors may be published 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 shorter three months bar depends on that notice process (N.D.C.C. §§ 30.1-19-01, 30.1-19-03).
- If the case is informal, the court acts on the application without a court appearance or court hearing when the requirements are met under N.D.C.C. ch. 30.1-14. If a hearing is set in a formal or contested matter, a party may request reliable electronic means by written motion under N.D. Sup. Ct. Admin. R. 52.
- After the court appoints the personal representative, 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).
- Administer the estate, prepare the inventory and appraisement within six months after appointment or nine months after death, whichever is later, and finish the estate settlement under North Dakota's closing procedures (N.D.C.C. §§ 30.1-18-06, 30.1-21).
Forms and documents
Probate forms in Foster County
Foster County publishes no county-specific probate forms or cover sheet. A Foster County filer uses the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including the informal probate guidebook and forms for situations covered by that guidebook.
North Dakota law says the court shall provide the 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 informal probate or appointment procedure (N.D.C.C. § 30.1-14-01.1). The formal path does not have the same self-help form set, so a formal case often needs custom documents or attorney help.
Local nuance
Foster County-specific considerations
| Local point | What to plan for |
|---|---|
| Lunch closure | The courthouse hours are Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. Do not plan a counter filing during the noon hour. |
| Courthouse layout | The courtroom is on the second floor. The building has an accessible elevator, an accessible entrance on the east side, and guest parking on the east side. |
| Correct street address | Use 1000 N. Central Ave., Carrington, ND 58421 for in-person filings, not a Fifth Street address. |
Recent updates
Scenarios
| Situation | Likely Foster County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying what property is already co-owned and what, if anything, needs a personal representative. If a probate filing is needed, file with the clerk of district court at 1000 N. Central Ave. in Carrington or mail to P.O. Box 257 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46). | Sunset helps gather asset information, organize the Foster County filing packet, and identify when an attorney should review title and transfer questions. |
| Out-of-state adult child with small estate | A self-represented filer may mail paper documents to the Carrington courthouse or use Odyssey if preferred (N.D.R.Ct. 3.5). If the personal property affidavit route applies, use N.D.C.C. § 30.1-23-01 and the North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. | Sunset helps determine what assets exist, organize the documents, and connect the family with local counsel if the affidavit route does not fit. |
| 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 before the sale can close. In an informal matter, letters are issued within ten working days after the informal requirements have been met (N.D.C.C. § 30.1-14-07). | Sunset helps find accounts and property, prepare a probate packet, and connect the family with a vetted attorney for real estate sale and authority questions. |
Self-help resources
| Resource | How it helps | Link or phone |
|---|---|---|
| North Dakota Legal Self Help Center | Statewide self-help materials for informal probate, the personal property affidavit route, fee waiver forms, and related guidance. Probate forms are available through ndcourts.gov/legal-self-help. | https://www.ndcourts.gov/legal-self-help |
| Foster County courthouse page | Local courthouse address, mailing address, phone, hours, and access details for the Foster County Courthouse. | https://www.ndcourts.gov/court-locations/foster-county |
| North Dakota Courts Records Inquiry | Case search portal. Select Foster County; information is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Attorney Search | North Dakota court system attorney lookup for finding a lawyer. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call to ask whether help is available for your situation. | https://lsnd.org/; 1-800-634-5263 for under 60; 1-866-621-9886 for age 60 and over |
When to hire an attorney
North Dakota allows self-represented informal filings under N.D.C.C. § 30.1-14-01.1, but counsel makes sense when heirs disagree, the will may be challenged, the estate owns real property that must be sold, the case needs a formal petition under N.D.C.C. ch. 30.1-15, or creditor and tax issues may affect the estate settlement. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank accounts, investments, insurance, real estate clues, vehicles, and debts so the Foster County filing starts with a clearer estate picture.
Generate the probate packet. Sunset organizes the information needed for North Dakota forms and local filing steps, including the Carrington courthouse address, mailing address, lunch closure, and the original will paper-filing rule under N.D.R.Ct. 3.5.
Find a local probate attorney. When the estate needs legal judgment, Sunset can connect the family with a vetted attorney who handles North Dakota probate and real estate questions.
Sunset is free for families. Families can use Sunset to understand the process, collect information, and move the estate settlement forward without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Foster County?
File with the clerk of district court at the Foster County Courthouse, 1000 N. Central Ave., Carrington, ND 58421, or mail papers to P.O. Box 257, Carrington, ND 58421 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Carrington?
The courthouse is open Monday through Friday, 8:30 a.m. to noon and 1:00 p.m. to 4:30 p.m. Plan around the noon to 1:00 p.m. closure.
Do I have to e-file in Foster County?
Represented parties file 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, or may use Odyssey if they choose (N.D.R.Ct. 3.5).
Can I mail the original will to Foster County?
Yes. Original wills, codicils, and documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5. Use the mailing address, P.O. Box 257, Carrington, ND 58421.
How much is the Foster County probate filing fee?
The filing fee is $160, effective July 1, 2025, for filing a probate or other Title 30.1 case (N.D.C.C. § 27-05.2-03). Fee waiver materials are available through ndcourts.gov.
Are there Foster County probate forms?
Foster County publishes no county-specific probate forms or cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including the informal probate guidebook for covered situations.
Can I look up a Foster County probate case online?
Use the North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select Foster County. The case search states that information is current through the end of the previous business day.
Will I have to travel outside Foster County for a hearing?
Foster County is in the Southeast Judicial District (N.D. Sup. Ct. Admin. R. 6). The 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 every hearing.
Can I request a remote appearance in Foster County?
A party may ask for reliable electronic means under N.D. Sup. Ct. Admin. R. 52. The request is made by written motion, after contacting the other parties, served at least seven days before the proceeding; any response is served at least four days before the proceeding.
How long until letters are issued in an informal Foster County case?
After the informal requirements have been met, the court must issue letters testamentary or letters of administration within ten working days (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.