Back to North Dakota
McLean County, ND Probate Information
Quick facts
| Item | McLean County detail |
|---|---|
| Court | The district court in McLean County, at the McLean County Courthouse in Washburn (N.D.C.C. § 27-05-06). |
| Courthouse address | McLean County Courthouse, 712 5th Ave, Washburn, ND 58577. |
| Mailing | No separate mailing address is published. Use the courthouse address. |
| Clerk phone | 701-462-8541, clerk of district court in McLean County (N.D. Sup. Ct. Admin. R. 46). |
| Fax | 701-462-8212. |
| Hours | 8:00 a.m. to 4:30 p.m., Monday through Friday. |
| Filing fee | $160, effective July 1, 2025, for filing probate under N.D.C.C. § 27-05.2-03. |
| Local forms | McLean County does not publish a county probate form packet or local probate cover sheet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help. |
| E-filing | Represented parties file through Odyssey. A self-represented filer is exempt from the electronic filing requirement and may file paper in person, by mail or by commercial carrier, or may use Odyssey if preferred (N.D.R.Ct. 3.5). |
| Case search | North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/. Choose Civil, Family & Probate Case Records and select McLean County. |
| Remote appearance | A party may ask for remote appearance by written motion under N.D. Sup. Ct. Admin. R. 52. Court approval is required. |
| Website | https://www.ndcourts.gov/court-locations/mclean-county |
| Judicial district | South Central Judicial District, one of the eight judicial districts organized by N.D. Sup. Ct. Admin. R. 6. |
Before you begin — know the assets and liabilities
Before you file anything in Washburn, list the accounts, real property, debts, vehicles, benefits and personal property that may be part of the estate. Estate settlement moves faster when you know what authority is actually needed before you choose an informal application or a formal petition.
Sunset can help search across more than 2,300 financial institutions, organize what was found and turn that information into a probate packet for McLean County. If an original will exists, plan for it to reach the courthouse on paper because original wills and similar documents may be filed as paper documents under N.D.R.Ct. 3.5.
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 McLean 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 McLean County is filed with the clerk of district court at the county courthouse in Washburn. McLean County is one of the 9 counties in the South Central 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 courthouse in Washburn serves all of McLean County. For venue, an informal application must state the county and state of the decedent's domicile at death (N.D.C.C. § 30.1-14-01).
The jurisdiction process
- Decide whether you are using an informal probate application under N.D.C.C. ch. 30.1-14 or a formal probate petition under N.D.C.C. ch. 30.1-15. If the case belongs in McLean County, prepare to file in Washburn.
- Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help if the matter fits the informal process. McLean County does not publish a separate county packet or local probate cover sheet.
- File with the clerk of district court at the McLean County Courthouse, 712 5th Ave, Washburn, ND 58577 (N.D. Sup. Ct. Admin. R. 46). A self-represented filer may file paper documents in person, by mail or by commercial carrier, or may use Odyssey; represented parties file through Odyssey (N.D.R.Ct. 3.5).
- Pay the $160 filing fee, effective July 1, 2025, unless the court grants a fee waiver through the ndcourts.gov fee waiver process (N.D.C.C. § 27-05.2-03).
- Send the original will to the courthouse on paper when there is one. Original wills, codicils and other documents of independent legal significance may be filed as paper documents even when other documents are filed electronically (N.D.R.Ct. 3.5).
- In an informal proceeding, the court reviews the application, makes the required findings, issues any written statement of informal probate 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).
- After appointment, decide whether to publish and mail notice to creditors. A personal representative may publish notice once a week for three successive weeks and mail notice to known or reasonably ascertainable creditors; the claim period depends on the notice choice (N.D.C.C. §§ 30.1-19-01, 30.1-19-03).
- Administer the estate, keep track of assets and claims, make distributions when authorized, and close the estate under the North Dakota closing procedures in N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in McLean County
McLean County does not publish county probate forms or a local probate cover sheet. McLean County filers use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help.
For informal probate, 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 that procedure (N.D.C.C. § 30.1-14-01.1; N.D.C.C. ch. 30.1-14).
The Center warns that its forms are not guaranteed for every situation and that courts are not required to accept every Center form. For a case under N.D.C.C. ch. 30.1-15, the Center directs self-represented people to create their own documents or work with a lawyer.
Local nuance
McLean County-specific considerations
| Local point | Why it matters |
|---|---|
| Washburn courthouse filing | Probate papers for McLean County are filed at the McLean County Courthouse, 712 5th Ave, Washburn, ND 58577. |
| South Central Judicial District | McLean County is in the South Central Judicial District under N.D. Sup. Ct. Admin. R. 6, but the case is filed at this county's own courthouse. |
| Judge chambered in Washburn | The South Central Judicial District page lists a district judge chambered in Washburn. That local fact may reduce travel in some matters, but it does not promise where any particular hearing will occur. |
| Local rules | The South Central Judicial District local rules listed for demand for change of judge and mediation orientation consultation do not create a McLean County probate packet or local probate rule. |
Recent updates
No McLean County-specific dated change is listed on this page. Page last reviewed: August 2026.
Scenarios
| Situation | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home passes outside the estate or whether McLean County authority is needed. If authority is needed, file the application with the clerk of district court at the Washburn courthouse and deliver any original will on paper (N.D.R.Ct. 3.5; N.D. Sup. Ct. Admin. R. 46). | Sunset helps find accounts and property, organize title questions and generate a packet for the McLean County filing. |
| Out-of-state adult child with small estate | Use the state small estate rules only if the facts fit N.D.C.C. ch. 30.1-23. If a McLean County filing is still needed, a self-represented filer may mail paper documents or use a commercial carrier, and may use Odyssey if preferred (N.D.R.Ct. 3.5). | Sunset helps decide what assets exist, prepare the family for the Washburn filing path and connect with local counsel if the small estate route does not fit. |
| Parent settling predeceased child's estate, home must be sold | A sale usually requires an appointed personal representative with letters testamentary or letters of administration. File in Washburn, then the court issues letters within ten working days after all informal requirements are met (N.D.C.C. § 30.1-14-07). | Sunset helps build the asset list, assemble documents for the court and coordinate the next step with a vetted probate attorney. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes informal probate guidance, the probate Guidebook, personal property affidavit information and fee waiver materials through ndcourts.gov/legal-self-help. | https://www.ndcourts.gov/legal-self-help |
| McLean County location page | Use this page for the Washburn courthouse address, clerk phone, fax and current public hours. | https://www.ndcourts.gov/court-locations/mclean-county |
| North Dakota Courts Records Inquiry | Use the Civil, Family & Probate Case Records category and select McLean County. The portal states that case information is 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 your situation fits its services; do not assume estate representation is available. | https://lsnd.org/; under age 60: 1-800-634-5263; age 60 and over: 1-866-621-9886 |
| Attorney Search | The North Dakota courts site links to lawyer search tools for finding counsel. | https://www.ndcourts.gov/lawyers |
When to hire an attorney
A probate attorney is especially useful when heirs disagree, a home must be sold, the will is challenged, the estate has unclear debts, or you are unsure whether an informal application under N.D.C.C. ch. 30.1-14 is enough. Sunset connects families with a vetted attorney when the McLean County estate settlement needs legal help.
How Sunset helps
Find the accounts and assets. Sunset helps families search for accounts, benefits and property so the McLean County filing starts with a clearer estate picture.
Generate the probate packet. Sunset uses the information you provide to assemble a probate packet tailored to the Washburn courthouse filing path.
Find a local probate attorney. If the estate needs legal advice, a formal petition or help selling real property, Sunset can connect you with a vetted probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, documents and next steps without paying Sunset a fee.
Frequently asked questions
Where do I file probate in McLean County?
File with the clerk of district court at the McLean County Courthouse, 712 5th Ave, Washburn, ND 58577 (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Washburn?
The published courthouse hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Call 701-462-8541 before traveling if timing is important.
Do I have to e-file in McLean County if I am self-represented?
No. 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 preferred (N.D.R.Ct. 3.5).
Can I mail the original will to the McLean County Courthouse?
Yes. Self-represented filers may file paper documents by mail or commercial carrier, and original wills, codicils and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
How much does it cost to file probate in McLean County?
The probate filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03. Fee waiver materials are available through ndcourts.gov.
Are there McLean County probate forms?
McLean County does not publish a county probate form packet. Use the statewide North Dakota Legal Self Help Center materials at ndcourts.gov/legal-self-help, and remember that informal probate uses an application under N.D.C.C. ch. 30.1-14 while formal probate uses a petition under N.D.C.C. ch. 30.1-15.
Can I look up a McLean County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/ and choose Civil, Family & Probate Case Records. Select McLean County, and expect the portal's information to be current through the previous business day.
Will I have to travel to another city for a hearing?
McLean County is in the South Central Judicial District under N.D. Sup. Ct. Admin. R. 6, and the district page lists a district judge chambered in Washburn. The supreme court's stated intent is that residents receive judicial services in their own county, but the court controls scheduling and location.
Can I ask for remote appearance in a McLean County probate matter?
Yes, a party may ask under N.D. Sup. Ct. Admin. R. 52. The request is made by written motion after contacting the other parties, must explain why reliable electronic means are appropriate, and must be served at least seven days before the proceeding; any response is due at least four days before the proceeding unless the court shortens time for good cause.
How long until letters are issued in an informal McLean County case?
In an informal appointment, 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).
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.