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Mercer County, ND Probate Information
Quick facts
| Item | Mercer County detail |
|---|---|
| Court | The district court in Mercer County, sitting at the Mercer County Courthouse in Stanton (N.D.C.C. § 27-05-06) |
| Courthouse address | Mercer County Courthouse, 410 Van Slyck Ave, Stanton, ND 58571 |
| Mailing address | Mercer County Courthouse, P.O. Box 39, Stanton, ND 58571 |
| Phone | (701) 745-3262 |
| Fax | (701) 745-3710 |
| Hours | 8:00 a.m. to 4:00 p.m., Monday through Friday. The office stays open through the noon hour. |
| Filing fee | $160, effective July 1, 2025, for filing probate, guardianship or any other testamentary case under Title 30.1 (N.D.C.C. § 27-05.2-03; North Dakota Court Fee Schedule item I.19) |
| Fee waiver | The district court fee waiver materials are published at https://www.ndcourts.gov/legal-self-help/fee-waiver (N.D.C.C. § 27-05.2-03) |
| Probate forms | No Mercer County probate form set is published. Use the statewide North Dakota Legal Self Help Center materials at https://www.ndcourts.gov/legal-self-help/informal-probate. |
| E-filing status | Represented parties file through Odyssey. A self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred. Original wills, codicils and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5). |
| Case search | Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/ and select Mercer County. The system includes Civil, Family & Probate Case Records and states that data is current through the end of the previous business day. |
| Remote appearance | A party may ask for a proceeding by reliable electronic means by written motion. The request is discretionary with the court and follows N.D. Sup. Ct. Admin. R. 52. |
| Court website | https://www.ndcourts.gov/court-locations/mercer-county |
Before you begin — know the assets and liabilities
Before you file in Stanton, list the assets, debts, titled property, account holders and likely heirs. The right estate settlement path depends on what is actually in the estate, whether a will exists, whether an original will must be delivered on paper, and whether the person asking to serve has the required priority under North Dakota law (N.D.C.C. § 30.1-13-03).
Sunset helps families build that picture before forms are prepared. Sunset's asset discovery searches more than 2,300 institutions, which can reduce missed accounts and make the Mercer County probate packet more complete.
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 Mercer 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 Mercer County is filed with the clerk of district court at the county courthouse in Stanton. Mercer County is one of the 9 counties in the South Central Judicial District, with Burleigh, Emmons, Grant, McLean, Morton, Oliver, Sioux and Sheridan; that district grouping is how judges and district administration are organised, while 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 Stanton serves Mercer County. For venue, the 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 state facts showing venue (N.D.C.C. § 30.1-14-01; N.D.C.C. ch. 30.1-13).
The jurisdiction process
Choose the correct North Dakota filing path and forms. Informal probate uses an application under N.D.C.C. ch. 30.1-14; formal proceedings use a petition under N.D.C.C. ch. 30.1-15. Mercer County does not publish a county-specific probate form set, so start with the statewide North Dakota Legal Self Help Center materials at https://www.ndcourts.gov/legal-self-help/informal-probate.
Prepare the local filing plan. File with the clerk of district court in Mercer County at the Mercer County Courthouse, 410 Van Slyck Ave, Stanton, ND 58571, or mail paper filings to Mercer County Courthouse, P.O. Box 39, Stanton, ND 58571. The clerk of district court receives papers and keeps the court record under N.D. Sup. Ct. Admin. R. 46, while the case is in the district court under N.D.C.C. § 27-05-06.
Handle e-filing and paper originals correctly. Represented parties file through Odyssey, while a self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred. Original wills, codicils and other documents of independent legal significance may be filed as paper documents (N.D.R.Ct. 3.5).
Pay the filing fee or submit a waiver request. The probate filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and North Dakota Court Fee Schedule item I.19. District court fee waiver materials are available at https://www.ndcourts.gov/legal-self-help/fee-waiver (N.D.C.C. § 27-05.2-03).
Give notice required for the case type. After appointment, creditor notice is handled under N.D.C.C. §§ 30.1-19-01 and 30.1-19-03. If notice to creditors is published and mailed as the statute describes, creditor claims are tied to a three months bar period; if it is not, different timing applies under N.D.C.C. ch. 30.1-19.
Watch for hearing scheduling. Informal probate under N.D.C.C. ch. 30.1-14 can proceed without needing a court appearance or a court hearing when the proper forms are filed and the correct procedures are followed. Formal probate under N.D.C.C. ch. 30.1-15 involves court hearings.
If a remote appearance is needed, ask by motion. A proceeding by reliable electronic means is discretionary. A party must first contact the other parties, then serve a written motion at least seven days before the proceeding; any response is served at least four days before the proceeding, unless the court shortens the time for good cause (N.D. Sup. Ct. Admin. R. 52).
Receive authority to act. The court reviews the application, makes the findings required by statute, issues any written statement of informal probate, and issues letters testamentary when there is a will or letters of administration when there is not. In an informal appointment, letters are issued 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).
Administer and finish the estate. The personal representative gathers assets, handles claims under N.D.C.C. ch. 30.1-19, prepares the inventory and appraisement on the timing set by N.D.C.C. § 30.1-18-06, distributes property, and completes the closing steps that apply under N.D.C.C. ch. 30.1-21.
Forms and documents
Probate forms in Mercer County
Mercer County does not publish a county probate form set or county cover sheet for probate. Mercer County filers use the statewide North Dakota Legal Self Help Center materials at https://www.ndcourts.gov/legal-self-help/informal-probate and the statewide Guidebook for informal administration published by the North Dakota courts.
The statewide informal materials include probate forms for common informal situations under N.D.C.C. ch. 30.1-14. The Center warns that its forms are not official court forms and courts are not required to accept them. It also warns that the Center does not provide forms for a formal proceeding, so a formal case under N.D.C.C. ch. 30.1-15 may require documents you create yourself or documents prepared by a lawyer.
The South Central Judicial District local-rules listing includes Local Rule 1 for demand for change of judge and Local Rule 2 for mediation orientation consultation. Those rules do not create a Mercer County probate form set.
Local nuance
Mercer County-specific considerations
| Local point | What it means in Mercer County |
|---|---|
| Use the Van Slyck Avenue courthouse address | File at or mail to the Mercer County Courthouse information shown on the North Dakota courts site: 410 Van Slyck Ave, Stanton, ND 58571 for the courthouse, and P.O. Box 39, Stanton, ND 58571 for mail. |
| No lunch closure is listed | The clerk's public hours are 8:00 a.m. to 4:00 p.m., Monday through Friday, and the office is open through the noon hour. |
| No judge is chambered in Stanton | No South Central Judicial District judge is chambered in Stanton. The district's judges are chambered in Bismarck, Mandan, Linton and Washburn. The supreme court's stated intent is that residents of counties within a judicial district receive judicial services in their own county without the need to travel to the chamber cities, but that is an intent statement, not a guarantee for a particular hearing (N.D. Sup. Ct. Admin. R. 6). |
Recent updates
Scenarios
| Scenario | Likely Mercer County path | Where Sunset helps |
|---|---|---|
| surviving spouse w/ co-owned home | Start by identifying which assets need an estate case and whether there is an original will. If probate is needed, file with the clerk of district court at 410 Van Slyck Ave in Stanton, plan for the $160 filing fee, effective July 1, 2025 (N.D.C.C. § 27-05.2-03), and deliver any original will on paper under N.D.R.Ct. 3.5. | Sunset helps identify accounts, titled assets and debts so the spouse can choose the right estate settlement path and build a cleaner packet. |
| out-of-state adult child w/ small estate | A self-represented filer may mail paper filings to P.O. Box 39, Stanton, ND 58571, use a third party commercial carrier, or use Odyssey if preferred (N.D.R.Ct. 3.5). If the matter may qualify for a small estate route, review N.D.C.C. ch. 30.1-23 before preparing anything for court. | Sunset helps organize the asset list, locate institutions and generate documents so an out-of-state child can reduce avoidable trips to Stanton. |
| parent settling predeceased child's estate, home must be sold | A sale usually requires an appointed personal representative with letters. File in Stanton, then the court issues letters testamentary or letters of administration within ten working days after all informal 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 (N.D.C.C. § 27-05.2-03). | Sunset helps gather the inventory, prepare the probate packet and connect the parent with a local attorney when a sale or title issue needs legal work. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| North Dakota Legal Self Help Center | Publishes statewide informal probate materials, the personal property affidavit page, the formal proceeding overview and the district court fee waiver materials. | https://www.ndcourts.gov/legal-self-help |
| Informal probate page | Starting point for the statewide Guidebook and informal materials under N.D.C.C. ch. 30.1-14. | https://www.ndcourts.gov/legal-self-help/informal-probate |
| Mercer County courthouse page | Lists the Stanton courthouse address, mailing address, phone, fax and hours for the clerk of district court in Mercer County (N.D. Sup. Ct. Admin. R. 46). | https://www.ndcourts.gov/court-locations/mercer-county |
| North Dakota Courts Records Inquiry | Use the Civil, Family & Probate Case Records category, select Mercer County, and remember that data is current through the end of the previous business day. | https://publicsearch.ndcourts.gov/ |
| North Dakota Attorney Search | Search for lawyers through the North Dakota courts website. | 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
Counsel makes sense when there is a dispute about the will, a formal proceeding under N.D.C.C. ch. 30.1-15, real estate that must be sold, unclear title, creditor issues under N.D.C.C. ch. 30.1-19, or family disagreement over who should serve. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions to help families identify accounts, insurance, investments and other assets that may belong in the estate settlement plan.
Generate the probate packet. Sunset turns the family's information into an organized probate packet for Mercer County, including the forms and filing steps that fit a North Dakota district court case under N.D.C.C. § 27-05-06.
Find a local probate attorney. When a Mercer County estate needs legal judgment, a formal proceeding, a home sale or help with conflict, Sunset can connect the family with a vetted probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, locate assets and understand next steps without paying Sunset for the basic service.
Frequently asked questions
Where do I file probate in Mercer County?
File with the clerk of district court at the Mercer County Courthouse, 410 Van Slyck Ave, Stanton, ND 58571, or mail paper filings to Mercer County Courthouse, P.O. Box 39, Stanton, ND 58571. Probate is a district court case in North Dakota (N.D.C.C. § 27-05-06; N.D. Sup. Ct. Admin. R. 46).
What are the clerk's hours in Stanton, and is the office open at lunch?
The public hours are 8:00 a.m. to 4:00 p.m., Monday through Friday. The Mercer County office is open through the noon hour.
Do I have to e-file in Mercer County if I am self-represented?
No. Under N.D.R.Ct. 3.5, a self-represented filer may file paper documents in person, by mail, or by third party commercial carrier, and may use Odyssey if preferred. Represented parties file through Odyssey.
Can I mail the original will to the Stanton courthouse?
Plan to provide the original will on paper. N.D.R.Ct. 3.5 says original wills, codicils and other documents of independent legal significance may be filed as paper documents, so call the clerk before mailing if you need current handling instructions for the original.
How much does it cost to file probate in Mercer County?
The probate filing fee is $160, effective July 1, 2025, under N.D.C.C. § 27-05.2-03 and North Dakota Court Fee Schedule item I.19. If you cannot afford the fee, the district court fee waiver materials are at https://www.ndcourts.gov/legal-self-help/fee-waiver.
Are there Mercer County probate forms?
Mercer County does not publish a county probate form set. Use the statewide North Dakota Legal Self Help Center materials at https://www.ndcourts.gov/legal-self-help/informal-probate for informal probate under N.D.C.C. ch. 30.1-14.
Can I look up a Mercer County probate case online?
Use the North Dakota Courts Records Inquiry at https://publicsearch.ndcourts.gov/. Select Mercer County and use the Civil, Family & Probate Case Records category. The system states that data is current through the end of the previous business day.
Will I have to travel to another city for a Mercer County hearing?
No South Central Judicial District judge is chambered in Stanton. The supreme court's stated intent is that residents of counties within a judicial district receive judicial services in their own county without the need to travel to chamber cities, but that is not a guarantee for a specific hearing (N.D. Sup. Ct. Admin. R. 6).
Can I ask to appear by video or phone in a Mercer County probate hearing?
You may ask for a proceeding by reliable electronic means, but it is up to the court. The motion procedure requires contacting the other parties first, serving a written motion at least seven days before the proceeding, and allowing any response at least four days before the proceeding unless the court shortens the timing for good cause (N.D. Sup. Ct. Admin. R. 52).
How long until letters are issued in an informal Mercer County probate?
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.