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McIntosh County, ND Probate Information
Quick facts
| Item | McIntosh County information |
|---|---|
| Court | The district court in McIntosh County, at the McIntosh County Courthouse in Ashley (N.D.C.C. § 27-05-06) |
| Courthouse address | McIntosh County Courthouse, 112 1st St NE, Ashley, ND 58413 |
| Mailing address | P.O. Box 179, Ashley, ND 58413 |
| Clerk of district court | File with the clerk of district court in McIntosh County (N.D. Sup. Ct. Admin. R. 46) |
| Phone | (701) 288-5147 |
| Fax | (701) 288-3671, listed as a contact detail only |
| [email protected] | |
| 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) |
| County-specific forms | McIntosh County-specific probate packet: none published. Use the statewide probate forms and Guidebook from the North Dakota Legal Self Help Center at https://www.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, 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 https://publicsearch.ndcourts.gov/. Choose McIntosh County and the Civil, Family & Probate Case Records category. Results are current through the end of the previous business day. |
| Remote appearance | A court may use reliable electronic means on its own motion or on a party's written motion, subject to the rule and court approval (N.D. Sup. Ct. Admin. R. 52). |
| Court website | https://www.ndcourts.gov/court-locations/mcintosh-county |
Before you begin — know the assets and liabilities
Before filing in Ashley, make a practical list of what the person owned, what was jointly owned, what passed outside the estate, and what debts may need attention. That list determines whether you need authority from the court, which papers fit the situation, and whether a buyer, bank, or title company will ask for letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07.
Sunset can start the estate settlement work by helping identify accounts and assets across more than 2,300 financial institutions, then organizing what you need for the McIntosh County filing.
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 McIntosh 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 McIntosh County is filed with the clerk of district court at the county courthouse in Ashley. McIntosh 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 if the decedent was not domiciled in North Dakota, it must state facts showing venue (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Choose the correct packet. For informal probate under N.D.C.C. ch. 30.1-14, use the statewide North Dakota Legal Self Help Center materials and confirm whether the estate needs letters testamentary or letters of administration under N.D.C.C. § 30.1-14-07.
- Prepare the application for an informal matter, or a petition if the matter must proceed formally under N.D.C.C. ch. 30.1-15. The statewide informal forms are at https://www.ndcourts.gov/legal-self-help, but the Center warns that its forms are not official court forms and are not available for every situation.
- File with the clerk of district court in McIntosh County at 112 1st St NE in Ashley, or mail the papers to P.O. Box 179, Ashley, ND 58413 (N.D. Sup. Ct. Admin. R. 46). Represented parties use Odyssey, while self-represented filers may file on paper or use Odyssey if they choose. Original wills may be filed on paper (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, for a Title 30.1 testamentary case, or submit the North Dakota fee waiver request from ndcourts.gov if you are asking the court to waive the fee (N.D.C.C. § 27-05.2-03).
- Wait for the court to act on an informal application. The court reviews the application, makes the required findings, issues a written statement of informal probate when applicable, 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).
- Handle creditor notice deliberately. A personal representative may publish a notice to creditors once a week for three successive weeks and mail notice to known and reasonably ascertainable creditors, which can create a three months claims bar; if that process is not used, different claim timing applies under N.D.C.C. ch. 30.1-19 and N.D.C.C. § 30.1-19-01.
- If a hearing is set, follow the court's instructions. A party asking to appear by reliable electronic means 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 the proceeding (N.D. Sup. Ct. Admin. R. 52).
- After appointment, use the letters to collect assets, work with banks and title companies, prepare the inventory and appraisement within six months after appointment or nine months after death, whichever is later, and administer the estate under N.D.C.C. § 30.1-18-06.
- Complete distribution and closing steps under N.D.C.C. ch. 30.1-21, and ask the clerk of district court in McIntosh County about certified copies if a buyer, bank, or title company needs them. Certified copies are $20 and additional copies of the same document are $10, effective July 1, 2025 (N.D.C.C. § 27-05.2-03).
Forms and documents
Probate forms in McIntosh County
McIntosh County does not publish a county-specific probate packet or county-specific cover sheet. A McIntosh County filer uses the statewide North Dakota Legal Self Help Center materials at https://www.ndcourts.gov/legal-self-help and files with the clerk of district court in Ashley (N.D. Sup. Ct. Admin. R. 46).
For informal probate under N.D.C.C. ch. 30.1-14, the statewide Guidebook includes commonly used forms such as the Application for Informal Probate of Will and Appointment of a Personal Representative, Letters Testamentary, Application for Informal Appointment of Personal Representative in Intestacy, and Letters of Administration (N.D.C.C. § 30.1-14-07). The Center warns that its forms are not official court forms, courts are not required to accept them, and not every informal situation has a prepared form.
The Center does not provide a form set for proceedings under N.D.C.C. ch. 30.1-15. If the case needs formal probate, the filer creates the documents or works with counsel.
Local nuance
McIntosh County-specific considerations
| Local point | What to know |
|---|---|
| Courtroom location | The courtroom is on the third floor of the McIntosh County Courthouse in Ashley. |
| Accessibility | The courthouse has an accessible elevator. The accessible entrance is the back door. |
| Parking | Parking is available on 1st Street in front of the courthouse or in the lot behind the courthouse. |
| Security before the courtroom | You must go through the scanner before entering the courtroom. |
| Travel within the Southeast Judicial District | 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. Treat that as an intent, not a guarantee for a specific hearing (N.D. Sup. Ct. Admin. R. 6). |
Recent updates
| Date | Update |
|---|---|
| 2014 | McIntosh County moved from the South Central Judicial District into the Southeast Judicial District, where it remains one of 14 counties (N.D. Sup. Ct. Admin. R. 6). |
Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse w/ co-owned home | Start by separating co-owned property from assets that need court authority. If court authority is needed, file the application with the clerk of district court at the McIntosh County Courthouse in Ashley, or mail it to P.O. Box 179, Ashley, ND 58413 (N.D. Sup. Ct. Admin. R. 46). The $160 filing fee is effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | Sunset helps identify accounts, organize title and debt information, and build an estate settlement checklist before you file. |
| Out-of-state adult child w/ small estate | If the estate is limited enough to use a Title 30.1 personal-property route, review N.D.C.C. ch. 30.1-23 and the North Dakota Legal Self Help Center materials before opening a court case. If a court filing is needed, a self-represented filer may mail paper documents to Ashley or may use Odyssey; the original will still may be filed on paper (N.D.R.Ct. 3.5). | Sunset helps locate accounts, prepare for mail filing, and track what still needs a wet-ink or paper document. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires an appointed personal representative with letters. File in Ashley; after the statutory requirements are met, the court issues letters testamentary or letters of administration within ten working days (N.D.C.C. § 30.1-14-07). Certified copies are $20 and additional copies of the same document are $10, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | Sunset helps assemble asset information, generate the probate packet, and connect the family with counsel if the sale, heirs, or title issues make the case more complex. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes statewide informal probate materials, the Guidebook, the personal-property affidavit page, and the fee waiver request. The Center's forms are not legal advice and are not available for every situation. | https://www.ndcourts.gov/legal-self-help |
| Informal probate page | Explains the statewide informal probate process under N.D.C.C. ch. 30.1-14 and links to the Guidebook and forms. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| Fee waiver request | Use this ndcourts.gov resource if you are asking the court to waive the $160 filing fee, effective July 1, 2025 (N.D.C.C. § 27-05.2-03). | https://www.ndcourts.gov/legal-self-help/fee-waiver |
| North Dakota Courts Records Inquiry | Use the Civil, Family & Probate Case Records category and select McIntosh County. Results are current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| Legal Services of North Dakota | Statewide civil legal aid intake. Call to ask whether help is available for your situation. | https://lsnd.org/; under age 60: 1-800-634-5263; age 60 and over: 1-866-621-9886 |
| North Dakota Attorney Search | The Judiciary provides an attorney search resource for finding lawyers licensed in North Dakota. | https://www.ndcourts.gov/lawyers |
When to hire an attorney
Counsel often makes sense when heirs disagree, a will may be challenged, real estate must be sold, a creditor issue is significant, or the case needs formal probate under N.D.C.C. ch. 30.1-15 instead of the informal process under N.D.C.C. ch. 30.1-14. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find accounts, balances, and clues that shape the estate settlement plan.
Generate the probate packet. Sunset turns the asset picture and family information into an organized probate packet for filing with the clerk of district court in McIntosh County (N.D. Sup. Ct. Admin. R. 46).
Find a local probate attorney. When the estate needs legal judgment, Sunset helps connect the family with a vetted attorney who can advise on North Dakota probate, real estate, creditor issues, or formal proceedings.
Sunset is free for families. Sunset gives families a practical estate settlement workspace, document organization, and attorney connection support without charging families to get started.
Frequently asked questions
Where do I file probate in McIntosh County?
File with the clerk of district court at the McIntosh County Courthouse, 112 1st St NE, Ashley, ND 58413, or mail the filing to P.O. Box 179, Ashley, ND 58413 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Ashley?
The published courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call (701) 288-5147 before traveling if timing is tight.
Do I have to e-file in McIntosh 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 commercial carrier. A self-represented filer may use Odyssey if they choose. Represented parties file electronically through Odyssey (N.D.R.Ct. 3.5).
Can the original will be mailed in?
Original wills, codicils, and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). If mailing the original will, use the McIntosh County mailing address: P.O. Box 179, Ashley, ND 58413.
How much does it cost to file probate in McIntosh County?
The filing fee is $160, effective July 1, 2025, for filing probate, guardianship, or another testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03). A fee waiver request is available through ndcourts.gov.
Are there McIntosh County probate forms?
McIntosh County does not publish a county-specific probate packet. Use the statewide probate forms and Guidebook from the North Dakota Legal Self Help Center at https://www.ndcourts.gov/legal-self-help. For formal probate under N.D.C.C. ch. 30.1-15, the Center does not provide a prepared form set.
Can I look up a McIntosh County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/. Choose McIntosh County and the Civil, Family & Probate Case Records category. The site states that results are current through the end of the previous business day.
Is the McIntosh County Courthouse accessible?
The courtroom is on the third floor. The courthouse has an accessible elevator, and the accessible entrance is the back door. Parking is available on 1st Street in front of the courthouse or in the lot behind it.
Will I have to travel to another city for a hearing?
McIntosh County is in the Southeast Judicial District, and the case is filed at the courthouse in Ashley (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 not a guarantee for a particular hearing.
Can I appear by video or another remote method?
A court may conduct 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 proceeding, unless the court shortens the time for good cause (N.D. Sup. Ct. Admin. R. 52).
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.