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McHenry County, ND Probate Information
Quick facts
| Item | McHenry County detail |
|---|---|
| Court | The district court in McHenry County, at the McHenry County Courthouse in Towner (N.D.C.C. § 27-05-06) |
| Filing office | Clerk of district court in McHenry County (N.D. Sup. Ct. Admin. R. 46) |
| Courthouse address | McHenry County Courthouse, 407 S Main St, Room 203, Towner, ND 58788 |
| Mailing address | 407 Main St S, Room 203, Towner, ND 58788 |
| Phone | (701) 537-5729 |
| Fax | (701) 537-0555 |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday, closed for lunch from 12:00 p.m. to 1:00 p.m. |
| Filing fee | $160, effective July 1, 2025, for a Title 30.1 probate filing under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule |
| Local forms | McHenry County does not publish county-specific probate forms or a county cover sheet. 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 that requirement and may file paper documents in person, by mail, or by third party commercial carrier under N.D.R.Ct. 3.5. |
| Original will | An original will may be filed on paper because original wills and other documents of independent legal significance may be filed as paper documents under N.D.R.Ct. 3.5. |
| Case search | North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov. Select McHenry County; the portal states that data is current through the end of the previous business day. |
| Remote appearance | A party may ask for reliable electronic means under N.D. Sup. Ct. Admin. R. 52, but court approval is required. |
| Court website | https://www.ndcourts.gov/court-locations/mchenry-county |
Before you begin — know the assets and liabilities
Before you file anything in McHenry County, make a working list of accounts, real estate, vehicles, debts, and likely heirs or devisees. North Dakota probate papers ask about domicile and the assets that make up the estate, so asset discovery is often the first practical step in estate settlement.
Sunset can search across more than 2,300 financial institutions to help identify accounts and assets, then help turn that information into an organized probate packet for filing in Towner.
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 McHenry 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 McHenry County is filed with the clerk of district court at the county courthouse in Towner. McHenry County is one of the 11 counties in the Northeast 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 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). McHenry County communities include Towner, the county seat, plus Granville, Karlsruhe, and Drake.
The jurisdiction process
- Choose the correct starting paper. Use an application for an informal case under N.D.C.C. ch. 30.1-14, or a petition if the matter must proceed formally under N.D.C.C. ch. 30.1-15.
- Prepare the statewide forms and supporting documents. McHenry County does not publish a county-specific probate form packet or cover sheet; informal materials are available through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help.
- File with the clerk of district court in McHenry County at 407 S Main St, Room 203, Towner, ND 58788 (N.D. Sup. Ct. Admin. R. 46). The counter is open 8:00 a.m. to 4:30 p.m., Monday through Friday, and closes for lunch from 12:00 p.m. to 1:00 p.m.
- Pay the $160 filing fee, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. A fee waiver request is available through ndcourts.gov/legal-self-help/fee-waiver.
- Handle e-filing correctly. Represented parties file through Odyssey, while self-represented filers may file paper documents in person, by mail, or by third party commercial carrier and may use Odyssey if they choose (N.D.R.Ct. 3.5). Send the original will on paper because original wills may be filed as paper documents under N.D.R.Ct. 3.5.
- Let the court act on the application. In an informal proceeding, the court reviews the application, makes the statutory findings, 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).
- Give required case notice and decide whether to publish notice to creditors. North Dakota allows a personal representative to publish and mail notice to creditors, which affects creditor claim timing under N.D.C.C. §§ 30.1-19-01 and 30.1-19-03.
- If a hearing is set, ask about reliable electronic means only by motion. A party must first try to contact the other parties, then file a written motion served at least seven days before the proceeding, with any response served at least four days before, unless the court shortens time for good cause (N.D. Sup. Ct. Admin. R. 52).
- After appointment, administer the estate, prepare the inventory or mailing required by N.D.C.C. § 30.1-18-06, address claims under N.D.C.C. ch. 30.1-19, and complete closing steps under N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in McHenry County
McHenry County does not publish county-specific probate forms or a local probate cover sheet. A McHenry County filer uses the statewide set published through the North Dakota Legal Self Help Center at ndcourts.gov/legal-self-help.
For informal probate under N.D.C.C. ch. 30.1-14, state law says the court shall provide necessary forms to an applicant who asks for help using the informal procedure, and the assistance of an attorney is not required for that informal procedure (N.D.C.C. § 30.1-14-01.1). The Center also warns that its forms are not official court forms, that courts are not required to accept every Center form, and that the Center does not provide forms for a formal case under N.D.C.C. ch. 30.1-15 or for every situation that can arise in an informal case.
If a case is already filed, the North Dakota Legal Self Help Center says to contact the clerk of court for the county. For McHenry County, the phone number is (701) 537-5729.
Local nuance
McHenry County-specific considerations
The McHenry County Courthouse counter closes for lunch from 12:00 p.m. to 1:00 p.m., even though the regular courthouse day runs from 8:00 a.m. to 4:30 p.m. Plan in-person filing around that midday closure.
The courtroom is on the 3rd floor. The main entrance is on the west side of the building, and the elevator is at the south entrance.
Parking is available on the street in front of the main west entrance, or in a parking lot on the east and south sides of the building.
Recent updates
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying which assets need probate and which pass outside the estate. If an appointment is needed, file the informal application at Room 203 in the McHenry County Courthouse in Towner, bring or send the original will on paper under N.D.R.Ct. 3.5, and avoid the noon to 1:00 p.m. lunch closure. | Sunset helps organize the asset list, flag co-owned property questions for attorney review, and generate a county-ready filing packet for estate settlement. |
| Out-of-state adult child with small estate | A self-represented filer may mail paper documents to 407 Main St S, Room 203, Towner, ND 58788, send them by third party commercial carrier, or use Odyssey if preferred (N.D.R.Ct. 3.5). If the small estate path is being considered, review N.D.C.C. ch. 30.1-23 and the North Dakota Legal Self Help Center materials before filing anything. | Sunset helps gather account information, assemble documents remotely, and connect you with local counsel if the affidavit route does not fit. |
| Parent settling predeceased child's estate, home must be sold | A home sale generally requires appointment of a personal representative and letters testamentary or letters of administration, depending on whether there is a will. In an informal case, the court issues letters within ten working days after the requirements are met (N.D.C.C. § 30.1-14-07). Certified copies are $20, with additional copies of the same document at $10, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. | Sunset helps identify liens and accounts, prepare the probate packet, and connect the family with a vetted attorney for the sale and estate settlement steps. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| McHenry County courthouse page | Courthouse address, phone, fax, hours, entrance, elevator, and parking details for the Towner courthouse. | https://www.ndcourts.gov/court-locations/mchenry-county |
| North Dakota Legal Self Help Center | Statewide informal probate materials, personal property affidavit information under N.D.C.C. ch. 30.1-23, and fee waiver materials. | https://www.ndcourts.gov/legal-self-help |
| Informal probate page | Guidebook and forms for informal probate under N.D.C.C. ch. 30.1-14. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| Fee waiver request | Fee waiver materials for a person who cannot afford the $160 filing fee, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| North Dakota Courts Records Inquiry | Case lookup for Civil, Family & Probate Case Records. Select McHenry County; publicsearch.ndcourts.gov states that data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Attorney Search | North Dakota court system lawyer lookup. | https://www.ndcourts.gov/lawyers |
| Legal Services of North Dakota | Statewide civil legal aid intake. Under age 60: 1-800-634-5263. Age 60 and over: 1-866-621-9886. Call to ask whether your issue fits its services. | https://lsnd.org/ |
When to hire an attorney
Attorney help makes sense if a will is contested, a home must be sold, heirs disagree, creditors may make claims under N.D.C.C. ch. 30.1-19, the estate needs formal probate under N.D.C.C. ch. 30.1-15, or you are unsure whether you have authority to act as personal representative. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions and helps families build the asset list needed for estate settlement.
Generate the probate packet. Sunset turns the information you provide into organized paperwork for filing with the clerk of district court in McHenry County, while keeping North Dakota terminology consistent with N.D.C.C. tit. 30.1 and N.D. Sup. Ct. Admin. R. 46.
Find a local probate attorney. When the estate needs advice, a contested filing, a real estate sale, or formal probate under N.D.C.C. ch. 30.1-15, Sunset can connect the family with a vetted attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, understand next steps, and decide whether attorney support is needed.
Frequently asked questions
Where do I file probate in McHenry County?
File with the clerk of district court in McHenry County at the McHenry County Courthouse, 407 S Main St, Room 203, Towner, ND 58788 (N.D. Sup. Ct. Admin. R. 46; N.D.C.C. § 27-05-06).
What are the clerk's hours in McHenry County?
The courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday, and the office closes for lunch from 12:00 p.m. to 1:00 p.m.
Do I have to e-file probate if I am self-represented in McHenry County?
No. Under N.D.R.Ct. 3.5, self-represented litigants are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. If you choose to file electronically, you must use Odyssey under N.D.R.Ct. 3.5.
Can I mail the original will to the McHenry County Courthouse?
Yes. The mailing address is 407 Main St S, Room 203, Towner, ND 58788. N.D.R.Ct. 3.5 allows original wills, codicils, and other documents of independent legal significance to be filed as paper documents.
How much does it cost to file probate in McHenry County?
The probate filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and the North Dakota Court Fee Schedule.
Are there McHenry County probate forms?
McHenry County does not publish county-specific probate forms or a local probate cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, including informal probate materials under N.D.C.C. ch. 30.1-14.
Can I look up a McHenry County probate case online?
Use North Dakota Courts Records Inquiry at publicsearch.ndcourts.gov and select McHenry County. The portal states that data is current through the end of the previous business day.
Which judicial district is McHenry County in?
McHenry County is in the Northeast Judicial District, not the North Central Judicial District. The Northeast Judicial District has 11 counties under N.D. Sup. Ct. Admin. R. 6.
Will I have to travel to another city for a hearing?
N.D. Sup. Ct. Admin. R. 6 states the supreme court's intent that residents receive judicial services in their own county without needing to travel to chamber cities, but that is not a guarantee for every setting. No Northeast Judicial District judge is chambered in Towner.
How long until letters are issued in an informal McHenry County probate?
In an informal case, 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).
How do I ask for a remote appearance in a McHenry County probate hearing?
North Dakota uses the term reliable electronic means. Under N.D. Sup. Ct. Admin. R. 52, a party must try to contact the other parties first, then file a written motion served at least seven days before the proceeding. Any response must be served at least four days before the proceeding, unless the court shortens time for good cause.
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.